Employee must address ADA, FMLA thresholds up front — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employee must address ADA, FMLA thresholds up front

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in FMLA Guidelines,Human Resources

Here’s a case that may help you get an ADA or FMLA case dismissed quickly when an employee is acting as her own attorney. A worker has to allege up front in her lawsuit that her employer has enough employees to be covered by the FMLA or the ADA.

For ADA coverage, that means 15 or more workers. For the FMLA, it means 50 or more employees within 75 miles of the employee’s workplace.

Recent case: Kelly sued her em­­ployer, alleging it violated both the ADA and the FMLA. But she never said specifically how many employees her employer had. That was enough for the trial court to toss out the case. (Coder v. Medicus Labora­­tories, No. 4:14-CV-7, ED TX, 2014)

Final note: Remember, even if you think a lawsuit is frivolous or doesn’t stand a chance of succeeding, you must still put up a defense. Never, ever ignore a litigation notice.

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