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Third Circuit sends mixed signal in FMLA notification case.

Publication: Trial
Publication Date: 01-JUL-04 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Third Circuit sends mixed signal in FMLA notification case.(Family and Medical Leave Act)

Article Excerpt
Reversing one part of a lower court ruling while affirming others, the Third Circuit has held that a company may be sued for failing to advise an employee of his rights under the Family and Medical Leave Act (FMLA) before firing him when he exceeded 12 weeks of FMLA-protected. (Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135 (3d Cir. 2004).) But the court also found that the plaintiff would have been fired "absent any consideration" of FMLA leave, which prompted him to petition the court for a rehearing en banc.

The apparent contradiction in the ruling revolves around a last-chance agreement (LCA) that Richard Gonoshenti had signed to keep his job before he was injured. The LGA...

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