Archive for July, 2011
Employee’s Failure to Respond To Request for More Information Regarding Leave Request Doomed FMLA Claim
Robert Righi worked as a sales rep for SMC Corporation of America. On several occasions Righi would request vacation time to care for his mother. He would email his manager, Louis King, for prior approval. The company policy was to require employees to obtain prior approval from a supervisor before taking leave. The policy further provided […]
Federal Court Holds That Employee With Renal Cancer In Remission Is Covered Under The ADA
Michael Norton worked for defendant ALC in May 2008. The company operated 200 facilities in twenty states involving assisted living services to the elderly. Plaintiff worked at the Sulphur Springs, Texas location as a “Residence Sales Manager.” Norton was diagnosed with renal cancer in April 2009. He went on medical leave and underwent surgery on […]
Disclosure By Employer Of Medical Information That Was Voluntarily Offered By Employee Does Not Violate ADA
Many employers struggle with situations that develop when an employee voluntarily reveals certain confidential medical information. In Watson v. C.R. England, Inc., 2011 U.S. App. LEXIS 8971, (10th Cir. 2011), the plaintiff worked as a truck driver for C.R. England. In the course of his employment, he informed C.R. England’s Human Resources Director that he […]
Appellate Division Holds Truck Driver Sleeping On Dana Transport Property Was An Employee And Cannot Sue Dana Transport In Civil Action
The independent contractor defense in New Jersey is not generally a strong defense, but it can be sometimes advantageous to employers to invoke it when they are sued civilly. The case of Fugatt v. Dennison Graine and Dana Transport, Inc., A-5353-09T3 (App. Div. July 5, 2011) presents a fascinating situation where the injured worker did […]
Light Duty – Harbatuk v. S&S Furniture Systems Insulation
In addition to terminating temporary disability benefits on maximal medical improvement, an employer can terminate such benefits when the employee can return to work light or modified duty under Harbatuk v. S & S Furniture Systems Insulation, 211 N.J. Super. 614 (App. Div. 1986). The basic rule which emerges from Harbatuk is this: the employer has […]
Intentional Harm – Millison v. E.I. duPont deNemours & Co.
In New Jersey it is very difficult to get past the exclusive remedy provision. The leading case on proving an intentional harm claim sufficient to get beyond the exclusive remedy is Millison v. E.I. duPont de Nemours & Co., 101 N.J. 161 (1985) in which plaintiffs had shown intentional wrong by respondent in deliberately concealing […]
Heart Case – Hellwig v. J.F. Rast & Co., Inc.
In a traumatic heart claim, New Jersey requires a comparison between work and non-work effort. The Central Issue Is: Does A Claimant Have To Prove That The Work Effort Was Greater Than Both What He Usually Did At Work And What He Did Outside Of Work? The answer came in one of the most important […]
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