In the case of Marra v. Ryder Transportation Resources, A-5724-10T4 (App. Div. July 2, 2012), the Appellate Division affirmed a holding that the employer was solely responsible for total disability stemming from a groin injury that occurred 15 years ago.
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.
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.
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.
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.
Failure to make timely payment of temp benefits may subject employer to enhanced fees
We have previously written about the matter of Qureshi v. Cintas Corporation, A-2703-10T2 (App.Div. February 15, 2012) in prior legal updates. The case has now made its third appearance before the Appellate Division.