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Pagel v. TIN

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Employee’s FMLA Leave Requires an Employer to Adjust Performance Standards

By Jeff Nowak on August 29, 2012
Posted in Court Decisions, Interference, Retaliation

used_cars_1980_685x385.jpgWhen an employee takes FMLA leave, is an employer obligated to adjust its performance standards so as to avoid penalizing the employee?  According to a recent federal court decision, the answer is Yes.  And failing to do so sets the employer up for an FMLA interference claim.

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About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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