Monthly Archives: August 2013

Trainer Injured at Health Club Shed Her Employee Status and Was Not Covered at the Time of Her Fall

Mary Patterson worked for The Atlantic Club as a personal trainer, training clients from 6:00-7:00 a.m., from 8:00-11:00 a.m., and from 12:00-3:00 p.m.  She was injured at 11:15 a.m. when she tripped and fell, breaking her wrist on the premises.  The Atlantic Club denied the claim asserting that she was not in the course of […]

Trainer Injured at Health Club Shed Her Employee Status and Was Not Covered at the Time of Her Fall

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HIV Positive Employee Shows Enough Evidence to Defeat Employer’s Motion for Summary Judgment

Winning on summary judgment on fact sensitive ADA cases can be quite difficult as seen in Croy v. Blue Ridge Bread, Inc. d/b/a Panera Bread, 28 ADA Cases 414, (W.D. Va. No. 3:12-cv-00034, July 15, 2013). Mark Croy worked for Blue Ridge Bread (hereinafter BRB) as a café worker. In 2008, he received a promotion […]

HIV Positive Employee Shows Enough Evidence to Defeat Employer’s Motion for Summary Judgment

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Appellate Division Affirms Decision That a Motion for Past Benefits Should Not Be the Subject of a Motion Trial

Caitlin Wilson was injured on September 8, 2011 when she dropped a heavy frame on her foot while in the employment of respondent Studio I, Inc. She received $420 per week from September 14, 2011 to October 24, 2011 in temporary disability benefits.  Her doctor advised that she could work light duty at the end […]

Appellate Division Affirms Decision That a Motion for Past Benefits Should Not Be the Subject of a Motion Trial

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Failure to Provide FMLA Notice Dooms Employer’s Effort to Terminate Employee for Excessive Use of Leave

The case of Young v. Wackenhut Corporation, 2013 U.S. Dist. LEXIS 14414 (D. N.J. Feb. 1, 2013) demonstrates the importance of providing required FMLA notice to eligible employees. Jacqueline Young, a Payroll Specialist, advised her employer, The Wackenhut Corporation (hereinafter “TWC”), of her interest in maternity and FMLA leave in November 2008, when she first […]

Failure to Provide FMLA Notice Dooms Employer’s Effort to Terminate Employee for Excessive Use of Leave

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