Employer Bears Burden On FMLA Rehiring: 9th Circ.

Law360, New York (March 18, 2011, 1:42 PM EDT) -- The Ninth Circuit ruled as a matter of first impression Thursday that the burden is on an employer to show it had a legitimate reason to deny an employee reinstatement under the Family and Medical Leave Act.

In an opinion penned by Judge Richard A. Paez, the U.S. Court of Appeals for the Ninth Circuit overturned a verdict in favor of the city of Newport, Ore., finding that the jury had been erroneously instructed that the plaintiff, Diane Sanders, had to prove the city did not...
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