Wednesday, August 08, 2012

FMLA - employee notice - pretext analysis

Lichtenstein v. UPMC - 3d Cir. - August 3, 2012

http://www.ca3.uscourts.gov/opinarch/113419p.pdf

This case was largely decided on the basis that there were factual disputes that precluded summary relief for the employer.

It contains a lot of good discussion and analysis about FMLA in general and, in particular

- the specificity of the infomation that an employee has to give an employer to invoke FMLA, and

- the nature of pretext analysis when a legitimate justification for terminating an employee precedes the employee's exercise of FMLA rights.



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