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.
