• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Court: No tacking wrongful discharge claims onto FMLA suit

by on
in Firing,FMLA Guidelines,Human Resources

Lawyers are always looking for new and different reasons to sue employers on behalf of employees and applicants. That’s bad news for employers, because additional charges mean greater legal costs, more lost time and potentially higher jury awards.

Fortunately, courts are growing impatient with this practice, as the following case shows.

Recent case: Former Sears employee Gerard Atchinson sued, claiming he was fired for taking FMLA leave.

His attorneys also said the discharge broke Pennsylvania state law because it violated public policy. Pennsylvania outlaws firing at-will employees if doing so would violate public policy, and Atchinson argued that violating the FMLA violates public policy.

The court dismissed the additional claim, concluding that the FMLA has its own remedies built in. Employees must use those. (Atchinson v. Sears, No. 08-3257, ED PA, 2009)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10271/court-no-tacking-wrongful-discharge-claims-onto-fmla-suit "

Leave a Comment