• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

You have personal liability under FMLA and ERISA

by on
in Employee Benefits Program,FMLA Guidelines,HR Management,Human Resources

Here’s food for thought: HR professionals and managers who terminate an employee for trying to get the benefits he is due under the FMLA or a company benefit plan are personally liable for the resulting harm.

Recent case: When Dmitry Narodetsky needed surgery, his wife called HR to discuss his FMLA options. The same day—while Narodetsky was away from the office—managers conducted a forensic search of his computer.

Narodetsky was then called in to a meeting before he could begin medical leave and told he was being fired for sending an offensive e-mail.

Narodetsky sued everyone involved in his termination in their individual capacities. His claim: That under the FMLA and ERISA, anyone trying to interfere with an employee’s right to get those benefits employees are due can be held personally liable. The court agreed with Narodetsky. (Narodetsky v. Cardone Industries, No. 09-4734, ED PA, 2010)

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/11463/you-have-personal-liability-under-fmla-and-erisa "

Leave a Comment