Good news if you work for a public employer in Florida. If you make anmistake, you can’t be sued individually.
Recent case: Kamara Crawford worked for the city of Tampa and asked for. Her supervisor asked her to fax copies of her medical reports to the city. After she did so, she got a call from a co-worker wishing her well.
Crawford sued her supervisor, alleging that the supervisor was personally liable for failing to protect her confidential medical information. She surmised the co-worker saw the fax.
But the court tossed out the claim, explaining that supervisors who work for government agencies can’t be sued personally for FMLA violations, unlike their peers in the private sector. (Crawford v. City of Tampa, No. 8:08-CV-927, MD FL, 2008)
- Notify employees every time you plan to charge time off to FMLA
- When essential duties are at issue, OK to base medical exam on FMLA certification
- Must we pay employee who takes family and medical leave to care for relative?
- Employee returning from FMLA leave? Don't demand heroic catch-up
- 3 federal tests: Are workers employees or independent contractors?