If an employee loses a case in state court and then doesn’t appeal, he can’t just march into federal court.
Recent case: Jadwiga Warwas worked two jobs for two different New Jersey municipalities. She tookfrom her job in Plainfield, using accumulated paid leave. She continued working for the city of Paterson from home. That prompted Plainfield to fire her.
Warwas challenged her dismissal before a state administrative law judge. Then she filed a second federal lawsuit alleging that Plainfield had interfered with her right toleave.
The court tossed out the case, reasoning that she should have appealed her state case lawsuit rather than file a separate federal claim. (Warwas v. Plainfield, No. 07-4431, DC NJ, 2011)
- Employers preparing for swine flu's second wave
- Firing after FMLA leave: How soon is 'too soon'?
- Concurrently running FMLA leave, vacation time and short-Term disability
- Ex-employees: Gone but not forgotten Courts' broader definition of 'employee' expands your liability
- Don't let FMLA stop planned staffing changes