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Monthly Archives: February 2017

TLG Establishes New Employment Law in the Third Circuit

02/22/2017
Leslie M. Greenspan, Esquire led a TLG trial team that established new law in the Third Circuit in the employment realm.  This precedent-setting litigation is a significant victory for employers litigating Family and Medical Leave Act (FMLA) retaliation claims.  On January 30, 2017, the Third Circuit Court of Appeals adopted TLG’s argument that the “honest belief” defense can overcome a retaliation claim under the FMLA.  The opinion confirmed an employer’s right to terminate an employee for suspected abuse of FMLA leave – a legitimate and non-discriminatory basis for termination. In Fredrick Capps v. Mondelez Global LLC, the employee had been approved for intermittent FMLA leave for many years based on a medical condition that required “full bedrest during exacerbations,” according to the employee’s certifying physician.  He invoked his FMLA leave and called out of work because of leg pain for two days in February 2013. Approximately one year later, the [...] Read More >

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Tucker Law Group is built for high-stakes litigation. Catastrophic injury trials. Institutional crises. Bet-the-company complex multiparty civil litigation.

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