Supervisors and managers who work for private employers have long been held personally liable forviolations in which they participate. Now supervisors and managers who work for government agencies are also liable.
Recent case: Chester Plaxico worked for a sheriff’s department and was approved forto care for his son, who has chronic medical problems.
For a year, everything went fine. But then Plaxico was demoted. He claimed that, although his supervisor had told him he was a “valued employee,” he was being demoted because he had “personal issues.” The supervisor allegedly offered to reconsider when Plaxico “got his family situation resolved.”
Plaxico sued the supervisor directly.
The supervisor claimed that he couldn’t be held personally liable for FMLA violations. The court disagreed, reasoning that supervisors in private-sector companies have long been personally liable. It saw no reason to treat supervisors in the public sector any differently. (Plaxico v. County of Cook, No. 10-C-272, ND IL, 2010)
Final note: Because the FMLA is modeled in part on the Fair Labor Standards Act (), the U.S. Department of Labor administers it. The DOL has long defined “employer” to include supervisors and managers who make decisions on enforcement of both the FLSA and the FMLA. On the other hand, most other employment discrimination laws don’t allow individual liability.
If you work for a government agency, warn supervisors that they should never criticize employees for using.
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/12497/caution-government-supervisors-you-could-be-personally-liable-for-fmla-violations "
- Simple accommodation efforts can avoid major headaches
- Avoid FMLA suit: Cut slack for leave-takers
- FMLA and late certification: Can we fire for missed deadline?
- Federal court to decide: Does firing a pregnant employee violate public policy in N.C.?
- Tell supervisors: Brief contact is OK, but never badger employee out on FMLA leave