Employer Bears Burden On FMLA Rehiring: 9th Circ.

Law360 (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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.