Courts are beginning to get tough on employers that don’t comply with the letter and the spirit of the
In other words, don’t expect to settle an FMLA case once it gets to court for less than it would have cost you to provide the benefit.
Recent case: David Graham agreed to settle his FMLA case against Bank of America. The judge presiding over the case approved the settlement, but only after determining that the cost to the bank was not less than the cost of complying with the FMLA. (Graham v. Bank of America, No. 3:08-CV-193, WD NC, 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- You can't shave employee's bonus just because she took FMLA leave
- Ensure FMLA status won't affect firing decision
- Be careful with doctor certifications: Union contract may trump FMLA rules
- FMLA may require reinstatement, even with work restrictions