Lobbying Affiliate: MML&K Government Solutions
{ Banner Image }

Employment Law Blog

When It Comes To Employment Issues, Choose A Firm That Thinks Outside the Cubicle.

Contact Us

* Indicates a required field.

Categories

McBrayer Blogs

Showing 1 post in FMLA Retaliation.

FMLA Retaliation in a Cat's Paw

FMLA (Family Medical Leave Act) retaliation law expanded in 2017 – about the size of a cat’s paw, which, in this instance, is pretty big. “Cat’s paw” here describes a situation where someone other than an employment decision-maker convinces (or dupes) the decision-maker to take an adverse employment action against another employee. (For those unfamiliar with the phrase, “cat’s paw” is derived from a fable wherein a monkey tricks a cat into pulling roasted chestnuts out of a fire for it to eat, burning the cat’s paws in the process. The phrase is used to describe situations where one person is unwittingly used by another for the other’s purposes.) When this is done with retaliatory intent, is the employer then liable under FMLA for retaliation? The answer, according to the Sixth Circuit Court of Appeals (this federal circuit covers Kentucky), is “yes” in the case of Marshall v. Rawlings. More >

Lexington, KYLouisville, KYFrankfort, KY: MML&KFrankfort, KY LawGreenup, KYAshland, KYWashington, D.C.