68 results for 'nos:"Family and Medical Leave Act - Labor"'.
J. Griggsby grants the coalition’s motion for summary judgment following allegations of Family and Medical Leave Act violations brought by a former team supervisor. The supervisor claims the coalition interfered with her FMLA rights by terminating her position when she requested the leave for her mental health. The coalition argues there are undisputed facts showing that the decision was planned to terminate her before she requested the leave for FMLA. She fails to show that her FMLA request was the reason, or that there is a casual link to the request and the termination. Therefore, her amended complaint is dismissed in its entirety.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 22, 2024, Case #: 1:23cv1642, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Griesbach grants summary judgment to the city in the former employee's lawsuit claiming he was essentially forced to retire because he called in sick to a training session he did not want to attend due to various anxieties about contracting Covid-19 and wearing a mask to prevent that from happening. The employee's claims under the Family and Medical Leave Act and Families First Coronavirus Response Act both fail, in part because he has not provided any evidence that he had either chronic migraines or anxiety that qualified as serious health conditions for which he could take medical leave, and he has not shown he was retaliated against for a statutorily protected activity.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: April 9, 2024, Case #: 1:22cv1000, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Covid-19, Employment Retaliation
J. Cole partially grants a former electronics salesman’s motion to compel his former employer, an electronics retailer, to produce a privilege log. The former electronic salesman claims his employer fired him over his disability and use of FMLA leave, and seeks documents that could corroborate his allegations of discrimination. The court instead asks the parties to confer “in good faith,” and reach a “negotiated result” over discovery within the next two weeks.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: April 3, 2024, Case #: 1:21cv2639, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Discovery, Employment Discrimination
J. Dooley grants in part and denies in part a motion to dismiss filed by an employer who fired an employee two years after they urged her to return to work early from parental leave. The request for early return two years prior to termination does is not sufficient to infer gender-based discrimination or retaliation. However, the employee requested family medical leave to care for her son weeks prior to the termination date and this is cause for retaliation.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 29, 2024, Case #: 3:23cv3, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Jackson grants the employer's motion to dismiss the employee's suit alleging that she was terminated for taking medical leave after her son was shot and that her supervisors defamed her. The employee, a pro se litigant, has failed to state any of her claims.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 28, 2024, Case #: 1:23cv2249, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Defamation, Employment Discrimination
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J. Valle partially grants the airline's motion to compel in the flight attendant's case alleging that she was fired for taking medical leave. The flight attendant must serve amended responses to two of three disputed interrogatories. One, seeking medical records, is not precluded by physician-patient or psychotherapist-patient privilege; nor is another, seeking identification of health care practitioners. A document request for executed HIPAA releases for each health care practitioner is denied, since no controlling authority allows courts to compel parties to execute HIPAA releases.
Court: USDC Minnesota, Judge: Valle, Filed On: March 22, 2024, Case #: 0:22cv61651, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Discovery
J. Conley denies motions for summary judgment from the employee and the paper manufacturer in the employee's lawsuit claiming he was unlawfully disciplined and fired because he needed accommodations at work limiting his physical movement because of chronic ankle pain and medical leave to have two surgeries on the ankle. Factual disputes over the manufacturer's alleged retaliation against the employee and its reasonable steps to accommodate him require the employee's claims under the Family and Medical Leave Act and the Americans with Disabilities Act to proceed to trial.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: March 22, 2024, Case #: 3:22cv686, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Williams grants the employer's motion for summary judgment, ruling there is no evidence to indicate the company considered the employee's request for Family and Medical Leave Act to provide care for her mother when it fired her for falsification of a patient document; therefore, the FMLA interference claim fails as a matter of law. Additionally, even though she was fired two weeks after she made her FMLA request, the retaliation claim also fails because the document falsification gave the employer a legitimate reason to fire the employee.
Court: USDC Connecticut, Judge: Williams, Filed On: March 12, 2024, Case #: 3:22cv469, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Boulee partially grants the former employee's motion for attorney fees and costs in a disability discrimination and employment retaliation action against the sheriff. The employee is awarded $287,000 in attorney fees. The employee's motion for prejudgment interest on her lost wages and reinstatement is granted in the amount of $8,000. The jury found that the employee would be capable of performing her job duties if reinstated.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: March 6, 2024, Case #: 1:20cv186, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Attorney Fees, Employment Retaliation
J. Barber grants summary judgment to the employer, dismissing the employee's suit alleging that the employer retaliated against him for taking medical leave. The employee has not cited any cases holding that conduct like the employer's was sufficiently "outrageous" to qualify as intentional infliction of emotional distress, nor demonstrated that allowing law enforcement to place a tracked package in his truck without notifying him was an adverse employment action. He also has not shown that warning letters or a denial of vacation were materially adverse actions.
Court: USDC Middle District of Florida, Judge: Barber, Filed On: February 23, 2024, Case #: 8:22cv1801, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hickey grants a nursing home’s motion to dismiss claims filed by a former nursing director who was unable to show her termination was due to race discrimination or that the nursing home violated the Family Medical Care Leave Act. The evidence shows the former director did not adequately perform her job duties, which is a "legitimate, nondiscriminatory reason" for firing her.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: February 23, 2024, Case #: 1:22cv1072, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, Employment, Employment Discrimination
J. Kennelly grants a car company’s motion for summary judgment for multiple civil rights, retaliation and employment discrimination claims brought by one of its former sales employees. The court finds the former employee has not produced sufficient evidence to support his claim that the company’s ranking system favors women, or that the company retaliated against him when he took 12 weeks of FMLA leave to be with his newborn daughter.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 20, 2024, Case #: 1:21cv4049, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Messitte denies an employer’s motion to strike and grants its motion to dismiss in this amended complaint for FMLA interference brought by a former employee. The employee says the company declined to let her return to work a month after she suffered multiple injuries; she was fired 10 months later. The complaint fails to show the employer made any misrepresentation about her FMLA rights, however.
Court: USDC Maryland, Judge: Messitte, Filed On: February 7, 2024, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, Employment, Tort
J. Hunt grants a university board of trustees’ motion for summary judgment on a former university police officer’s Fair Medical Leave Act claims. The former officer claims he was fired for taking FMLA leave in the summer of 2021, but the court finds the trustee board provided sufficient evidence to show the officer was fired because of repeated attendance violations, among other offenses.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 26, 2024, Case #: 1:21cv6667, NOS: Family and Medical Leave Act - Labor, Categories: Education, Employment Retaliation, Police Misconduct
J. Brady rules an employer in discrimination claims because evidence indicates the employer did everything possible to accommodate work restrictions, and the employee had not been transferred based on discriminatory reasons. However, the employer failed to address claims concerning the employee's firing.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: January 26, 2024, Case #: 1:21cv6, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Johnson grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee who was allegedly terminated after asking for leave under the Family and Medical Leave Act to care for a family member. The record indicates that the employee "repeatedly" violated the company's absence policy and often "failed to provide notification to his employer of his anticipated and actual absences." Accordingly, the employer has sufficiently shown that he would have been terminated anyway, even without the request for leave.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 10, 2024, Case #: 4:20cv229, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Cogburn grants a casino’s motion to dismiss allegations brought by a former table games dealer who claims the casino discriminated against him based on his veteran status. The Tribal Casino Gaming Enterprise, which is owned by the Eastern Band of Cherokee Indians, contracts with the casino, but the dealer did not join the enterprise to this suit. However, because the enterprise has sovereign status under the band, it cannot be joined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv36, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Family Law, Employment Discrimination
J. Curiel denies San Diego County's motion in limine in litigation concerning the termination of a chief medical officer during a Hepatitis outbreak. The county is not entitled to investigate the chief medical officer's mental health state during the outbreak and his eventual response to Covid-19. Also, the county's motion to preclude comments on whether its conduct in terminating the chief medical officer was "fair" is overly broad and premature.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 14, 2023, Case #: 3:21cv1575, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Discovery
J. Hillman finds for a health network accused of changing a nurse's schedule and firing her after she complained that a doctor sexually harassed her, and based on the false accusation that she turned away a patient seeking an x-ray and failed to assist another patient who was experiencing Covid-19 symptoms. The nurse did not establish that the doctor's conduct had been severe, and the health network issued the doctor a warning about his behavior. Meanwhile, the nurse's holiday schedule was changed based on the network practice of rotating schedules each year, and no direct line existed between her sexual harassment complaints and the decision to fire her. Also, evidence did not indicate the nurse suffered a qualifying disability.
Court: USDC New Jersey, Judge: Hillman , Filed On: October 31, 2023, Case #: 1:22cv7, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. King awards the sales engineer $378,700 in attorney fees and $4,900 in costs for his complaint that the machine industry company laid him off because he extended his medical leave. The sales engineer submits evidence that his counsel's hourly rates are reasonable, and his unsuccessful claims are not excluded because they were based on the same "common core of facts" as his successful claims. However, counsel is not entitled to an upward adjustment of the lodestar amount because their rates "already reflect the expected quality of their work."
Court: USDC Western District of Washington, Judge: King, Filed On: October 23, 2023, Case #: 2:20cv1030, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Attorney Fees