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Settling FMLA case? Prepare to prove it’s a fair deal

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in FMLA Guidelines,Human Resources

Courts are beginning to get tough on employers that don’t comply with the letter and the spirit of the FMLA. In fact, chances are that a court won’t approve an FMLA case settlement unless the employer can show that the amount it is paying the employee isn’t less than the cost to comply would have been in the first place.

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)

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