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)
- Go ahead and discipline, even when considering FMLA leave
- You don't have to police workplace banter, but don't let it escalate
- Does your wellness program clash with new genetic bias law?
- How often can we request medical information from a chronically absent employee?
- Once intermittent FMLA leave expires, reset eligibility clock and demand recertification