3rd Circ. Ruling On FMLA Mailings Ups Ante For Employers

By Ben James (August 8, 2014, 6:27 PM EDT) -- A Third Circuit ruling that employees can keep a case in court by denying that they received a mailed notice regarding Family and Medical Leave Act rights raises the bar for employers seeking summary judgment in certain FMLA cases and shows the need to document the receipt of legally important mailings, lawyers say.

The precedential panel decision issued by the Third Circuit on Tuesday breathed new life into previously dismissed FMLA interference and retaliation claims against for-profit Corinthian Colleges Inc., which were leveled by an ex-instructor who said she had never received a letter explaining her FMLA rights and notifying her...

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