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Showing 9 posts in Eleventh Circuit.

11th Circuit Declines to Aggregate Workers of Multiple Contractors for WARN Act Notification Purposes

Closing up shop and winding down a business can have significant legal ramifications for employers if not handled appropriately. The WARN Act was designed to prevent surprise upon unsuspecting groups of employees, but the law is relatively straightforward as to which employers must comply with these rules and under what circumstances. More ›

Fourth Circuit Applies Sovereign Immunity to Shield State Hospital Supervisors from Suit

Some employers are immune from liability by virtue of their status as a state-run operation. Employees have become more creative in attempting to obtain recovery from their employers in such situations by naming individual employees as defendants. In this case, however, that strategy failed to prove successful for the employee-plaintiff. More ›

Employee’s Facebook Venting not Protected Speech

A police officer had a Facebook page which was set to "private," but was viewable to any of her numerous Facebook "friends," who could then potentially distribute material on her page more broadly. On her page, she had posted a comment criticizing an investigator in her department. The department had a work rule requiring that any criticism of a fellow officer be directed through official department channels, and should not be used to to the disadvantage of the reputation or operation of the department or employees. More ›

Employee Fails to Prove Equitable Estoppel Regarding her FMLA Eligibility

How specific does an FMLA request have to be? And does an employer's "approval" of a request for leave automatically render that leave to be deemed FMLA leave? Those issues were recently addressed in this Eleventh Circuit opinion. More ›

Employer’s Required Fitness-For-Duty Exam did not Violate ADA

The employee worked as a customer service representative at a call center for the employer. He was responsible for monitoring the performance of frontline call center associates and regularly worked from home.   More ›

Employees Entitled to Recover Unpaid Wages, Regardless of Immigration Status

Just because an employee does not report income to the IRS or used a fake Social Security card to get his job does not mean an employer can deprive the employee of overtime pay, says the 11th Circuit Court of Appeals.  More ›

11th Circuit Affirms Summary Judgment in ADEA case where Plaintiff used "Cat’s Paw" Theory

Not all well-designed plans succeed. In the area of employment terminations, however, the practice of having termination decisions made independently by someone other than the employee's immediate supervisor increases the odds of obtaining summary judgment and avoiding trial. More ›

Employee’s Utter Lack of Evidence Leads to Dismissal of All Claims

MSJs certainly aren't granted as much as they used to be, particularly in the employment context. In this case, however, the employee's failure to produce more than a scintilla of evidence in support of her claims led to a successful MSJ for the individual and entity employer defendants. More ›

11th Circuit Overrules Summary Judgment in ADEA Case Based On Vice-President’s Reputed Statement

The case of Kragor v. Takeda Pharmaceuticals America, Inc., No. 11-16052 (11th Cir. December 20, 2012) reminds employers how easily summary judgment can slip away in a discrimination case based on statements attributed to senior management. The court started its analysis with a quote from the mathematician, physicist, and philosopher Blaise Pascal. "Contradiction is not a sign of falsity, nor the lack of contradiction a sign of truth." Given that plaintiff appealed a summary judgment granted to the employer, such words signaled a reversal on appeal. More ›

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