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Articles Posted in Family & Medical Leave Act

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When Can an Employer Require a Fitness for Duty Exam?

As a New Jersey employment lawyer, I have had numerous clients tell me their employer has asked or required them to undergo a fitness-for-duty examination.  However, anti-discrimination laws limit when an employer has the right to send an employee to a medical exam. Protection Under Anti-Discrimination Laws The Americans with…

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Employer Can Fire Employee it Honestly Believes Abused FMLA Leave

A recent unpublished decision from the Third Circuit concludes that an employer can fire an employee because it honestly believes she abused her Family & Medical Leave Act (“FMLA”) leave. Marsha VanHook worked as a patient representative for Cooper Health System for approximately nine years.  One of her sons has…

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Trial Lawyer Has Apparent Authority to Settle Discrimination Case

A recent decision by New Jersey’s Appellate Division recognizes that, under the doctrine of apparent authority, a company’s attorney can bind it to a settlement whether or not the employer actually authorized him to settle the case. Jesus Gonzalez filed an employment discrimination lawsuit against his former employer, Electronic Integration…

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