Family & Medical Leave Act

When Can an Employer Require a Fitness for Duty Exam?

May 16, 2022 | by Jonathan I. Nirenberg

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 Disabilities Act (“ADA”) and the New Jersey Law Against Discrimination (“LAD”) both prohibit employers from sending employees for a fitness-for-duty exam unless the exam is “job-related” and “consistent with business necessity.”

Employer Can Fire Employee it Honestly Believes Abused FMLA Leave

May 4, 2022 | by Jonathan I. Nirenberg

A recent unpublished decision from the Third Circuit concludes that an employer can fire an employee because it honestly believes she abused her Family & Medical Leave Act (“FMLA”)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 attention deficit hyperactivity disorder (“ADHD”), severe oppositional defiance disorder, chronic depression, and anxiety.

For many years, Cooper allowed Ms. VanHook to take an intermittent FMLA leave to care for her son when he was not in school or supervised by someone else. However, Ms. VanHook’s supervisor eventually heard from another employee that Ms. VanHook might be using her FMLA leave inappropriately. In addition, Cooper’s Human Resources Department heard that Ms. VanHook was often using her FMLA Leave immediately before a weekend or another day off, which raised suspicion.

Trial Lawyer Has Apparent Authority to Settle Discrimination Case

June 5, 2019 | by Jonathan I. Nirenberg

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 Services, LLC, also known as Panurgy OEM. More specifically, he claimed Panurgy fired him in violation of the New Jersey Law Against Discrimination (“LAD”), the Family & Medical Leave Act (“FLMA”) and the New Jersey Family Leave Act (“NJFLA”).

Shortly before a trial, Panurgy’s lawyer conveyed an offer to settle the case for $175,000. Mr. Gonzalez accepted the offer, and the judge placed the terms of the settlement on the record.