Retaliation

In Retaliation Cases, Timing, Communication And Specificity Matter The Most

In University of Massachusetts Dartmouth, 45 MLC 136 (March 19, 2019) Hearing Officer Kendrah Davis found that UMASS Dartmouth retaliated against Donald King (King) for engaging in protected, concerted activity including filing a grievance and trying to enforce his contractual right to take FMLA leave. One day after filing a demand to arbitrate his FMLA [...]

Norris, Murray & Peloquin, LLC2019-09-09T20:33:15-04:00May 5th, 2019|Categories: Employment|Tags: Retaliation|

Sick Leave Use Leads To Denial Of Position And Then Retaliation

The legal standard for liability for FMLA retaliation --what a plaintiff must prove -- is the subject of a recent U.S. District Court decision in Gourdeau v. City of Newton. The Court rejected the plaintiff’s FMLA retaliation claim that she only had to prove that her use of FMLA leave was a “negative factor” in [...]

Norris, Murray & Peloquin, LLC2018-08-05T16:33:44-04:00March 30th, 2017|Categories: Blog, Employment|Tags: FMLA, Retaliation, sick leave|