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Equitable estoppel and the FMLA

Equitable estoppel and the FMLA
Source: Caroline Westover, Esq. of Bond Schoeneck & King

A recent decision by the United States Court of Appeals for the Eighth Circuit raises an interesting issue: can an employer be held liable for interference with FMLA rights if it discharges an employee after giving the employee reason to believe FMLA leave has been approved -- even if the employee is not in fact entitled to FMLA leave?

Ms. Westover?s summary of the ruling is posted on the Internet at:

http://www.lexology.com/library/detail.aspx?g=fc6689e9-85e1-4d3c-8ca1-9f8e0d9370c6&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2010-09-27&utm_term=
.

Full post as published by New York Public Personnel Law on September 28, 2010 (boomark / email).