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When an employee needs to take leave under the Family and Medical Leave Act (“FMLA”), the fear of whether an employer will punish that choice is very real. In Patricia Haran v. Orange Business Services, Inc., 2025 WL 3275122, the United States Court of Appeals for the...
When an employee must choose between their job and caring for a loved one with a serious health condition, the Family and Medical Leave Act (“FMLA”) was designed to make sure they do not have to. Under employment law, there are two types of claims under the FMLA:...
Getting caught lying to your employer is never a good idea. It is the workplace version of lighting a match in a fireworks factory—you are not going to like the outcome. Whether it is calling off sick to go to a ballgame (and then showing up on TV), posting beach...
When you take medical leave under the Family and Medical Leave Act (“FMLA”), you expect your job to be waiting for you when you return. But what happens if your employer says the position is no longer available? Do you have the right to be reinstated, or can they...
Can Your Employer Fire You If A Medical Emergency Keeps You From Calling Off Work? The short answer: not if the Family and Medical Leave Act (“FMLA”) applies and you're too incapacitated to give notice. There are emergency medical circumstances that prevent employees...
Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...
Timing can make or break your rights under the Family and Medical Leave Act (“FMLA“). Imagine this: you’re juggling health issues, work stress, and the pressure to leave a toxic job, and then you file for FMLA—after you’ve resigned. Unfortunately, that’s not enough to...
You are on FMLA leave, recovering from surgery or caring for a loved one, and then the unexpected happens—your employer tells you your job has been eliminated due to a reduction in force (RIF). Is this legal? The answer depends on whether the RIF is legitimate or just...
Think you are untouchable at work because marijuana is legal in your state? Think again. Employers can—and often do—enforce drug-free workplace policies regardless of state laws. This stark reality played out in the case of Sharon Mundy v. City of Pittsburgh 2024 WL...
It is no secret that adoption can be a lengthy and often confusing process. Understandably, one of the major questions families considering adoption face is, “Can I take maternity or paternity leave for adoption?” In classic legal fashion, the answer is “it depends.”...