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Allegations that manager disclosed confidential medical information advance FMLA claims

January 18th, 2017

By Kathleen Kapusta, J.D.
Allegations that his employer breached his right to confidentiality under the FMLA when a manager disclosed his serious health condition to his coworkers and subordinates, and that the coworkers and subordinates then made jokes and obscene gestures about his condition in front of him, were enough to support an employee’s FMLA interference [Read more...]

Destroying investigatory notes merits adverse jury instruction in whistleblower suit

January 18th, 2017

By Lorene D. Park, J.D.
Considering evidence that, before an employer’s investigator destroyed his notes concerning an employee’s purported misrepresentations, he was apprised by email that she was considering litigation over her termination and wanted all relevant documents, a federal court in Montana concluded that he willfully destroyed those notes and spoliation sanctions were warranted. However, [Read more...]

Sign reserving chair for employee for ‘ergonomic reasons’ did not violate ADA

January 17th, 2017

By Brandi O. Brown, J.D.
By placing a sign on the back of a chair stating that it was reserved for the plaintiff for “Ergonomic Reasons When Working,” his employer did not violate the ADA by sharing confidential information, ruled a federal district court in Maryland. The label indicated “at best, a tangential relationship to certain [Read more...]

Franchisor did not become joint employer merely by recommending personnel policies

January 17th, 2017

By Dave Strausfeld, J.D.
A window cleaning franchisor did not become a joint employer of its franchisee’s employees merely by recommending personnel policies, held a federal district court in Wisconsin. To prove the franchisor was their joint employer, the employees needed to demonstrate more than that they received a copy of the franchisor’s employee manual and [Read more...]

Do employers owe a duty to protect employee ESI? State court says ‘no’

January 17th, 2017

By Lisa Milam-Perez, J.D.
A university medical center owed no legal duty to protect employees’ confidential electronically stored information from potential data breaches, a divided Pennsylvania Superior Court majority held. The appeals court refused to hold that employers owed such a duty as a matter of law, citing the efficiencies realized by storing such information electronically [Read more...]