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Appeals court: No serial litigation for related claims

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in Discrimination and Harassment,Employment Law,FMLA Guidelines

Good news for employers: The 11th Circuit Court of Appeals has ruled that an employee can’t wait until losing one lawsuit to file another one based on the same events, even if the second lawsuit involves a different law.

Employees have to file related claims together.

Recent case: After UPS terminated him, Lorenzo Jiles sued his former employer for race discrimination and retaliation.

He lost. Then he filed a second lawsuit, alleging that he had really been fired because the company miscalculated his FMLA leave.

The court tossed out the case, reasoning that he should have made all the allegations related to his discharge at the same time. (Jiles v. United Parcel Service, No. 10-12640, 11th Cir., 2011)

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