retaliation for taking family medical leave act (FMLA) leave

Family and Medical Leave Act (FMLA) still has a “motivating factors” test and not a “but for” test.

If you are off on FMLA leave your employer cannot retaliate against for taking or requesting FMLA. While many types of retaliation require you to prove that “but for” you taking certain action (ex: requesting not to be sexually harassed) you would not have been fired or disciplined. Recently a Federal District Judge was asked …

Family and Medical Leave Act (FMLA) still has a “motivating factors” test and not a “but for” test. Read More »

​How does a work injury claim differ from a basic personal injury claim?

Many people associate a work injury with a personal injury claim, but in fact when you are injured at work or if a family member is killed at work, there are many different laws that apply to a work injury that would not apply to a basic personal injury case. How does a work injury …

​How does a work injury claim differ from a basic personal injury claim? Read More »

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