A Capehart Scatchard Blog

FMLA

The FMLA and the “Honest Belief” Defense

By on May 24, 2017 in FMLA with 0 Comments

Federal courts have upheld a defense to a Family and Medical Leave Act (“FMLA”) retaliation claim called the “honest belief” defense. The “honest belief” defense means that “where an employer provides evidence that the reason for the adverse employment action taken by the employer was an honest belief that the employee was misusing FMLA leave, […]

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Does My Employee Have to Tell Me He has a Condition Triggering FMLA?

By on May 2, 2017 in FMLA with 1 Comment

The short answer is “NO.”  A recent Federal District Court decision suggests that employers are cautioned to “pay attention to” and ask questions about any mention by an employee of a serious health condition before they make the decision to take any negative employment action (firing, demoting, suspending, etc.) The Result: A Federal Court in […]

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Do Co-Workers’ Discourteous Attitudes Establish FMLA Retaliation?

By on July 21, 2016 in FMLA with 0 Comments

The Family Medical Leave Act (“FMLA”) is one of the laws about which employment lawyers get the most questions.  The FMLA can be complicated to apply to factual situations and employers are justifiably concerned that if they take disciplinary action against an employee after he/she returns from FMLA leave, even if the discipline is based […]

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