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)
- Employer's mistake doesn't extend FMLA leave
- Can you explain California's alphabet soup of paid family leave laws?
- You can terminate someone on FMLA leave--as long as reason has nothing to do with FMLA
- When tracking FMLA abuse, use surveillance cautiously
- FMLA absence shouldn't trigger attendance penalty