A new court ruling notes human resources managers can be held individually liable for violating the Family and Medical Leave Act (FMLA). (Citation: Narodetsky v. Cardone Industries et al., Case #09-4734; February 24, 2010, U.S. District Court, Eastern District of Pennsylvania.
A federal district court judge recently found in favor of an employee who sued three human resource executives who’d allegedly conspired to find a reason to fire him after he requested time off as allowed by the Family and Medical Leave Act. The ruling means HR execs could be on the hook – personally – for damages allowed through the FMLA. Damages can include back pay, monetary loss from a denial of benefits, lost wages and attorneys’ fees.
The case revolved around a tool designer for a large auto parts supply company who suffered a non-job related leg injury and was informed he’d need surgery. His wife made several phone calls to the firm’s HR department, noting the need for FMLA leave and inquiring about short-term disability coverage.
Not long after those conversations, three senior HR execs and another manager embarked on a “forensic” search of the employee’s computer – seeking evidence that would justify his termination, thereby eliminating the need to offer him FMLA leave.
Shortly after that campaign, the employee was called in before the HR reps and another senior manager. He was informed he was fired for having forwarded a pornographic e-mail to a co-worker approximately a year earlier. The employee filed suit, stating the real reason he’d been fired was because he’d asked for FMLA leave and short-term disability benefits.
In the suit, the fired employee named not only the company, but the HR execs and the manager.
The case looked at only the question of whether the company reps could be held individually liable for the allegedly improper firing. The company stated in its defense that the managers weren’t liable, since they didn’t “exercise control” over the employee’s FMLA activities.
The judge disagreed, however saying, “Each of the defendants exercised control over” the employee in the decision to terminate him – in reaction to his FMLA request. (workersxzcompxzkit)
Moving forward, the merits of the case – and any possible damages – will now be adjudicated with a new trial.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
Podcast/Webcast: Occupational Health Strategies
Click Here:
Click Here:
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
© 2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com.
