A Capehart Scatchard Blog

Archive for February, 2014

Bungled Post-Offer Medical Examination Leaves School Liable to Job Applicant

By on February 24, 2014 in ADA, NJ Workers' Comp with 0 Comments
Bungled Post-Offer Medical Examination Leaves School Liable to Job Applicant

A well-done post-offer medical examination requires great skill and expertise.  These elements were lacking when Adam LaFata applied for a job as Plant Engineer, essentially a custodial position, with the Dearborn Heights School District. One critical fact is that LaFata had been doing this kind of work for 10 years for the Lincoln Park Community […]

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Employee Can Be Fired for Reasons Discovered While on FMLA Leave

By on February 14, 2014 in FMLA, NJ Workers' Comp with 0 Comments
Employee Can Be Fired for Reasons Discovered While on FMLA Leave

Adesina Mercer worked for the Arc of Prince George County from 2004 to 2011.  Her job included applying for and processing initial applications for benefits for Food Stamps and Social Security. In May 2007, The Arc put Mercer on conditional employment status due to poor work performance.  She was returned to regular status the next […]

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Volunteer Firefighters May Be Employees under FMLA

By on February 7, 2014 in FMLA, NJ Workers' Comp with 0 Comments
Volunteer Firefighters May Be Employees under FMLA

The City of Gibraltar employed 41 employees, excluding its “volunteer” firefighters.  When it fired one of the firefighters, Paul Mendel, he sued under the FMLA. The city countered that it was not covered under the FMLA because it had less than 50 employees. There were 25-30 “volunteer firefighters” whom the City contended were not truly […]

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