Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files anclaim in Commonwealth Court, he can’t also file a claim.
Recent case: Stefano, a welfare caseworker, injured his leg in an accident at home. He tookfor surgery and recovery.
During his absence, however, his supervisor discovered problems with his caseload and files. He was suspended and eventually fired. He appealed the decision through the
Civil Service process, alleging FMLA violations. After losing, he filed a federal FMLA lawsuit.
The court said he couldn’t have two bites at the apple. If he raised the FMLA earlier, he couldn’t do it again. (Kiniropoulos v. Northampton County, No. 11-6593, ED PA, 2014)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Carefully calculate and communicate how much FMLA leave employee has available
- Discipline for absences even if employee has disability
- FMLA in a Nutshell: How to Comply With the Family and Medical Leave Act
- Be a driver, not a passenger, during times of change