Tuesday, September 12, 2017

contracts - release of worker's comp. claim not a waiver of FMLA claims

Zuber v. Boscov’s – 3d Cir. – September 12, 2017

Held: Compomise & Release that employee signed to settle a worker’s comp. claim did not act as a waiver of his Family and Medical Leave Act cause of action.  “A long line of Pennsylvania cases has held that a release covers only those matters which may be fairly said to have been within the contemplation of the parties when the release was given.” Restifo v. McDonald, 230 A.2d 199, 201 (Pa. 1967).   The terms of the C&R make it clear that the release in that document was not meant to apply cover the FMLA or common law claims.