A federal court has refused to expand the, rejecting an employee’s attempt to force automatic for a serious health condition allegedly caused by her employer.
Recent case: Ellen Quinn settled a sexual harassment claim with her employer. Then she learned that the attorney who represented her harasser was about to become her boss. Once on the job, Quinn said, he tried to make her life miserable. She became so anxious and depressed, she requested FMLA leave. But she wasn’t eligible because she hadn’t worked 1,250 hours in the preceding 12 months.
Undeterred, she sued. Her attorney argued that the FMLA creates a new right for employees whose medical conditions were caused by their employers. That alleged right is automatic leave. However, the court dismissed the case. (Quinn v. St. Louis County, No. 09-1372, DC MN, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Faith events require reasonable accommodation
- Be prepared to answer the question: Are you biased, or is employee overly sensitive?
- Take harassment training seriously; more states mandate it
- Go for the gold: Craft waivers that release you from all lawsuits