FMLA Law
 
Craig Zuber v. Boscov's Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must determine whether a former employee waived his right to assert claims under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2617 (“FMLA”), and Pennsylvania common law when he signed a Compromise and Release Agreement (“C&R”) to settle his workers’ compensation claims. The District Court held that the former
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employee had waived his claim, and granted Boscov’s... More...
   $0 (09-13-2017 - PA)

Stephanie Hicks v. City of Tuscaloosa, Alabama Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Stephanie Hicks brought this action against the Tuscaloosa Police Department under the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA) after her reassignment and constructive discharge. Hicks prevailed at a jury trial, and the City now appeals the denial of its motion for judgment as a matter of law, its motion for a new trial, and the allegedly erroneous jury instru... More...   $0 (09-10-2017 - AL)

Cheryl Williams v. Pennsylvania Human Relations Commission

Cheryl Williams, an African-American woman, claims that she was subjected to constant harassment at the Pennsylvania Human Relations Commission (the “Commission”) by her supervisors, Joseph Retort and Adam Stalczynski. As a result of this treatment, she alleges she faced
3
a hostile work environment and was ultimately constructively discharged from her position as a Human Relations Represe... More...
   $0 (09-03-2017 - PA)

Alana Shultz v. Congregation Shearith Israel of the City of New York, et al. Second Circuit Court of Appeals - New York, New York

Plaintiff-appellant Alana Shultz appeals from a judgment of the United
States District Court for the Southern District of New York (J. Paul Oetken, Judge),
dismissing her federal claims for sex discrimination and retaliation in violation of
Title VII of the Civil Rights Act of 1964 (“Title VII”), and interference with her
rights under the Family and Medical Leave Act (“FMLA”) for f... More...
   $0 (08-10-2017 - NY)

Renee Credeur v. State of Louisiana

Renee Credeur was employed by the Office of Attorney General for the State of Louisiana (“DOJ”) as a litigation attorney. During the course of her employment, she developed serious health problems due to complications from a kidney transplant. On account of her illness, the DOJ granted her temporary accommodations to work from home with the goal of eventually reintegrating her into the office. Aft... More...   $0 (06-23-2017 - LA)

Autumn Tibbs v. Administrative Office of the Illinois Courts

Plaintiff Autumn Tibbs worked
as an administrative assistant in the Illinois court system. She
was suspended the day she returned to work after taking
leave under the Family and Medical Leave Act of 1993, 29
U.S.C. §§ 2601 et seq. She was then fired after she chose not to
attend a disciplinary meeting. Tibbs sued the Administrative
Office of the Illinois Courts. She contend... More...
   $0 (06-19-2017 - IL)

Gerald Caldwell v. KHOU-TV; Gannett Company, Inc.

After being fired, Gerald Caldwell sued his employers, KHOU-TV and Gannett Company, Inc. (collectively, “the Defendants”), for violations of the Americans with Disabilities Act (“ADA”) and the Family Medical Leave Act (“FMLA”). The district court granted summary judgment in favor of the Defendants and Caldwell appealed. Because we find that Caldwell raised a genuine issue of fact over whether the ... More...   $0 (03-07-2017 - TX)

Frederick Capps v. Mondelez Global, LLC

Frederick Capps challenges the District Court’s Order
granting summary judgment in favor of Capps’ former
employer, Mondelez Global, LLC (“Mondelez”), one of the
largest manufacturers of snack food and beverage productions
in the United States. Specifically, Capps argues that the
District Court erred in granting Mondelez’s summary
judgment motion on Capps’ claims that Monde... More...
   $0 (02-12-2017 - PA)

Veronica Hernandez-Nolt v. Washington County

In this wrongful discharge case, plaintiff appeals
the trial court’s judgment in favor of plaintiff’s former
employer, defendant Washington County.1 Plaintiff asserts
that the trial court erred when it granted a directed verdict
to the county based on its conclusion that plaintiff was
not fulfilling an important public duty, which is a required
element of a wrongful dischar... More...
   $0 (02-08-2017 - OR)

STATE OF MONTANA v. JOEY WENDELL BRAVE

On July 15, 2013, the State of Montana charged Brave with sexual intercourse
without consent, a felony in violation of § 45-5-503, MCA. The State alleged that Brave
had sexual intercourse with A.C. and, as a result, A.C. became pregnant and gave birth to
twins. At the time of the alleged offense, Brave was eighteen years old and A.C. was
fourteen years old. On May 16, 2014, ... More...
   $0 (08-17-2016 - MT)

STATE OF MONTANA v. JOEY WENDELL BRAVE

On July 15, 2013, the State of Montana charged Brave with sexual intercourse
without consent, a felony in violation of § 45-5-503, MCA. The State alleged that Brave
had sexual intercourse with A.C. and, as a result, A.C. became pregnant and gave birth to
twins. At the time of the alleged offense, Brave was eighteen years old and A.C. was
fourteen years old. On May 16, 2014, ... More...
   $0 (07-28-2016 - MT)

SYLVIA GALVAN v. MEMORIAL HERMANN HOSPITAL SYSTEM

In enacting the Family and Medical Leave Act (FMLA), Congress struck a delicate balance to
accommodate “the demands of the workplace” while promoting the “economic security of families.”
29 U.S.C. § 2601(b)(1). Congress ensured employees were entitled “to take reasonable leave for
medical reasons,” but recognized the economic necessity of accommodating “the legitimate interests
o... More...
   $0 (12-04-2015 - TX)

KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ

Petitioner Kingsaire, Inc., doing business as Kings Aire, Inc. (Kings Aire), is a family-owned
heating, ventilation, and air-conditioning company in El Paso. In May 2004, Kings Aire hired Jorge
Melendez as a “helper tradesman” whose initial duties included welding frames for refrigeration
units. A few months after he was hired, Melendez transferred to the electrical department as aMore...
   $0 (12-04-2015 - TX)

Jeffrey A. Miller v. State of Tennessee

Jeffrey Miller (“Employee”) was employed by the University of Tennessee (“Employer”) as a parking attendant. He worked on a part-time basis for seven years before becoming a full-time employee in 2008. While working for Employer, he also had a part-time job as an exterminator for a local motel. Previously, he had built swimming pools; been a sales associate at a building supply store; installed... More...   $0 (11-19-2015 - TN)

David A. Gauthier v. Keurig Green Mountain, Inc. f/k/a Green Mountain Coffee Roasters, Inc.

As a preliminary matter, we address Green Mountain’s motion to strike certain
portions of Gauthier’s printed case on the ground that it contains certain excerpts from
Gauthier’s deposition and two pages from Green Mountain’s employee handbook that were not
submitted to the trial court in the proceeding below by either party and thus are not part of the
record on appeal. See V.... More...
   $0 (10-24-2015 - )

Alamo Heights ISD v. Catherine Clark

Alamo Heights Independent School District (AHISD) appeals the denial of the plea to the jurisdiction it filed in response to the discrimination and retaliation lawsuit filed by former employee Catherine Clark. We affirm the trial court’s order.
BACKGROUND
Clark was hired by AHISD as a physical education teacher and coach for female students at Alamo Heights Junior School in 2007. Her direc... More...
   $0 (10-21-2015 - TX)

John Michael Woods v. City of Berwyn

When John Woods told a coworker
at the Berwyn Fire Department that “he wanted to
2 No. 13-3766
kill somebody, all of them” and that his children were going
to “go over there” and “tune them up,” referring to his
coworkers and superiors, Fire Department Chief Denis
O’Halloran looked into the statements and eventually recommended
termination. A three-member panel for the<... More...
   $0 (10-15-2015 - IL)

LuzMaria Arroyo v. Volvo Group North America, LLC d/b/a Volvo Parts of North America

LuzMaria Arroyo is an Army Reservist
and veteran who suffers from post-traumatic stress
disorder (“PTSD”). She worked for Volvo Group North
America, LLC, d/b/a Volvo Parts North America (“Volvo”)
from June 2005 until she was fired in November 2011. Volvo
says it fired her for violations of its attendance policy, but
2 No. 14-3618
Arroyo claims the real reason was discr... More...
   $0 (10-06-2015 - IL)

Robert Hurtt v. International Services, Inc.

Plaintiff-Appellant, Robert Hurtt (“Hurtt”),
appeals the district court’s order granting summary judgment to Defendant-Appellee,
International Services, Inc. (“ISI”) on Hurtt’s claims of: (1) disability discrimination and failure
to accommodate under the Americans with Disabilities Act (“ADA”),1 42 U.S.C. § 12112(a);
(2) Michigan’s Persons with Disabilities Civil Rights Act (“PWDCR... More...
   $0 (09-16-2015 - )

Jessica Brown v. Diversified Distribution

Diversified is a supply chain company that acquires a variety of products for commercial retailers and other businesses. In 2002 Brown began working for Diversified as a customer service representative. She was later promoted to the position of backup account executive. Such "backup" account executives support account executives who are on sick leave or taking personal time. Unlike account ex... More...   $0 (09-07-2015 - MN)

Jessica Brown v. Diversified Distribution

Jessica Brown brought this action against her employer, Diversified
Distribution Systems, alleging that she was demoted and terminated in violation of
the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601–2654. She also
brought claims under two Minnesota employment statutes, Minn. Stat. § 181.933 and
Minn. Stat. § 181.961. The district court granted summary judgment for Dive... More...
   $0 (09-04-2015 - MN)

DEBORAH HANSLER v. LEHIGH VALLEY HOSPITAL NETWORK

Hansler was hired by Lehigh Valley in 2011 to work as a technical partner. In early March 2013, Hansler began experiencing shortness of breath, nausea, and vomiting. At the time, the cause of these symptoms was unknown. On March 13, Hansler’s physician completed a medical certification form “requesting intermittent leave at a frequency of 2 times weekly starting on March 1, 2013 and lasting for a ... More...   $0 (08-23-2015 - PA)

Deborah Hansler v. Lehigh Valley Hospital Network

Deborah Hansler requested intermittent leave from her former employer, Lehigh Valley Health Network (“Lehigh Valley”), under the Family Medical Leave Act of 1993 (“FMLA” or the “Act”), 29 U.S.C. § 2601 et seq.1 Specifically, Hansler submitted a medical certification
1 The case name incorrectly refers to Lehigh Valley Health Network as Lehigh Valley Hospital Network.
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requesting leave ... More...
   $0 (08-19-2015 - PA)

Ena J. Wages v. Stuart Management Corporation

Ena Wages sued her employer, Stuart Management Corporation (StuartCo),
alleging that StuartCo violated her rights under the Family and Medical Leave Act,
29 U.S.C. §§ 2601–2654. On the parties’ cross motions for summary judgment, the
district court granted summary judgment in favor of Wages on her FMLA claims. For
the reasons below, we affirm the judgment on liability but vacate an... More...
   $0 (08-10-2015 - MN)

Paul Janczak v. Tulsa Winch, Inc.

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio... More...
   $0 (07-30-2015 - OK)

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