 |
555 U.S. Highway One South Suite 240 Iselin, NJ 08830 Phone: 732.636.0040 |
|||||||||
|
WELCOME to the Law Firm of Mets Schiro & McGovern, LLP |
|||||||||
Firm News — Case Decisions Brown v. Dunbar Armored, Inc. The United States District Court for the District of New Jersey just ruled in the matter of Brown v. Dunbar Armored, Inc. The case deals with an employee who was fired by his employer one week after exhausting his 12 weeks of leave under the FMLA. The court held that under certain circumstances, the “automatic” termination of an employee after the expiration of 12 weeks of protected leave under the FMLA could constitute a violation of New Jersey’s Law Against Discrimination. Here, the court found that an additional leave of absence could have been required as a “reasonable accommodation” under the LAD, even if that leave was sought and granted after the 12 weeks of protected FMLA leave expired. However, it is incumbent upon the employee to seek such accommodation on a timely basis, and the employer may still decline such a request if it would cause undue hardship. The case stands for the proposition that the “automatic” termination of an employee after 12 weeks of FMLA leave may expose the employer to liability under the NJLAD. Posted — 12.23.2009 |
|
||||||||||
Contact us about your legal matter today! |
|||||||||||
|
|||||||||||