Can a employer investigate a misuse of FMLA?
Courts have repeatedly affirmed employers’ right to investigate the perceived misuse or abuse by employees of leave under the Family and Medical Leave Act (“FMLA”). After all, while eligible employees have the right to take FMLA leave, employers have the right to ensure that FMLA leave is used only for a proper purpose.
What are some examples of FMLA fraud and abuse?
Some examples include: Working for another employer doing the same or similar duties that the employee’s medical certification form says she is unable to perform. Working another job when the employee is supposed to be on leave for a doctor’s appointment.
Can a mall employee be committing FMLA fraud?
So, for example, seeing an employee at the mall while they are on FMLA leave does not mean they are committing FMLA fraud, or even abuse. Even if you see an employee working at the mall, they may not be committing fraud.
Can you sue an employer for a FMLA violation?
Gather information. Before you even contemplate suing for an FMLA violation, you should assess your eligibility under the law. Only employers with 50 or more employees are subject to the FMLA. These employees may work in different locations, however, as long as at least 50 employees work within 75 miles of your workplace.
What happens if an employer violates the FMLA?
Employers that deny employees leave and who terminate employees who are on FMLA leave can face civil liability, but they will also have strong defenses available in many cases. The Family and Medical Leave Act (FMLA) is among the most well-known employee protection statutes.
Who is the Attorney for FMLA fraud cases?
In one case defended by Brian McDermott, an attorney with Ogletree Deakins in Indianapolis, the employer discovered photos of an employee on the Internet holding a large fish he had caught on a day he claimed FMLA leave. The employee was fired for FMLA leave fraud, and the termination was upheld.
What was the verdict in the FMLA case?
The jury awarded the employee $19,777 in back pay and $300,000 in front pay for lost future income and benefits. In addition, the jury also awarded the employee $200,000 for emotional distress and $715,385 in punitive damages. The trial court then awarded the employee $208,443 in liquidated damages and $605,690 in attorney fees and costs.
What happens if you violate the family and Medical Leave Act?
Family and Medical Leave Act (FMLA) Violations The Family and Medical Leave Act (FMLA) entitles employees to unpaid, job-protected leave in certain circumstances. Employers that deny employees leave and who terminate employees who are on FMLA leave can face civil liability, but they will also have strong defenses available in many cases.