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Fourth Circuit Holds Pregnant UPS Employee With Lifting Restrictions Was Not Covered Under ADA When Company Prevented Her From Working With Lifting Restriction

Peggy Young worked for United Parcel Services (UPS) as a delivery truck driver. She became pregnant in 2006 and was given a restriction from her doctor indicating that she should not lift more than 20 pounds for the first 20 twenty weeks of her pregnancy and no more than 10 pounds thereafter. Later her midwife reiterated the 20 pound lifting restriction.

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Circuit Court Holds That The FMLA Protects A Pre-Eligibility Leave Request For Post-Eligibility Maternity Leave

Employers need to consider the risks of terminating an employee who has asked for FMLA and would soon become eligible

Kathryn Pereda brought a suit for interference with her FMLA rights against her employer, Brookdale Senior Living Communities, Inc. in Florida. The problem from a legal point of view with her law suit is that she did not have the necessary 1,250 hours and one year of employment for eligibility. She began with the company on October 5, 2008 and was terminated 11 months later. She advised her employer in June of 2009 that she was pregnant and would be requesting FMLA on or about November 30, 2009. She was terminated in September 2009, not having worked one full year at that time and not having 1,250 hours at that time.

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Joint Employment Situations In Workers’ Compensation Are Not Limited To Two Employers

New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly

Amado Guillermo Orbe sustained fatal injuries using a manlift to remove overhead piping on October 11, 2007. He performed various job duties for a number of companies. His estate sued Safer Holding Corporation, the parent corporation, and its affiliated companies of Safer Pigment, Meadows, Kuttner and Safer Textile. These companies formed Safer’s textile operations in Newark, N.J.

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Goodyear Properly Fired Employee For Misrepresenting Facts On Job Application And Medical Questionnaire

In Williams v. Goodyear Tire and Rubber Company, a Kansas federal court dealt with the ability of an employer to terminate an applicant for misrepresenting facts in the job application process. Williams filled out a job application and listed three jobs in response to the question “Account for all your time – regardless of how spent.” Williams did not list another ten jobs that he had since 1996 and he did not list the two employers during whose employment he had work-related injuries.

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