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Beware individual liability under FMLA and CEPA

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in Employment Law,FMLA Guidelines,Human Resources,Maternity Leave Laws

Here’s another reason for managers and supervisors to pay attention during FMLA and Conscientious Employee Protection Act (CEPA) training. If they make a mistake, they may be personally liable under both laws.

That means they’re risking their own assets if they lose a lawsuit.

Recent case:
UPS employee Sean Zungoli took several FMLA leaves. His supervisor told him that taking FMLA leave put him on par with women who take maternity leave and whose careers stall as a result. Then Zungoli complained that the UPS computer system he was required to use violated New Jersey’s identity theft privacy law.

Zungoli was fired and he sued, alleging both FMLA and CEPA retaliation.

The court said his lawsuit could go forward against both UPS and the supervisor. (Zungoli v. UPS, No. 07-2194, DC NJ, 2009)

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