The 7th Circuit Court of Appeals has ruled in a long-running case that a jury acted properly when it concluded an employer’s retroactive termination of health insurance violated the
Advice: Always think about how a jury will view your decisions.
Recent case: Kathleen Ryl-Kuchar learned she was pregnant with triplets and began working from home. After giving birth, she went back to work.
Later, she asked for . That’s when her employer canceled her health insurance retroactively, ostensibly because it discovered she had fallen below full-time status when she worked from home. That left her with unpaid medical bills.
A sympathetic jury determined the employer had punished her for taking FMLA leave, and the 7th Circuit agreed. It said the jury’s conclusion was reasonable. (Ryl-Kuchar v. Care Centers, No. 08-2688, 7th Cir., 2009)
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- Notify workers quickly that leave counts toward Family and Medical Leave Act (FMLA) time.
- Make sure employees know your policies on moonlighting