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HR Solutions

Extreme Reaction to
Encounter with Dog
Enough for FMLA Notice
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More than one way to
meet legal requirement

    The Seventh Circuit reminded employers that, failing actual notice from a worker of the need for FMLA leave, "clear abnormalities" in an employee's behavior can represent constructive notice under the FMLA, triggering the duty to inquire and investigate the need for leave.  Beverly Stevenson v. Hyre Electric, __F3rd__, No. 06-3501 (7th Cir. October 2007).

    Stevenson apparently encountered a dog in the warehouse and became extremely agitated, spraying deodorizer in her work station and screaming and cursing about dogs in the workplace.  She disappeared for two days then returned, then burst into the president's office and screamed about keeping dogs out of the company's facility that threatened her.   Stevenson wound up in a emergency room where she was diagnosed with acute anxiety, and she then called in sick. 

    The court found that a jury could find that this was sufficient evidence that she required time off for a serious health condition.

    The key to this case is that the court found no employee is required to show  a) abnormalities in behavior  and  b) the concurrent inability to communicate the need for leave.  Stevenson could show a) alone, and this was sufficient under the FMLA regulations.

10/24/07 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

GC Defamation Suit Against

Union Attorney Lays an Egg

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Tile Workers Lawyer Covered

by Special Privilege

 

            There has been another state court ruling on alleged union torts; this one found no liability.

            Kevin Atkinson worked for Dobbins Group as a site superintendent at a project at Fort Sheridan.  Dobbins had subcontracted floor installation to Polco Flooring, a nonunion subcontractor, and Local 67 of the Tile Installers Union picketed the site in July 2003.  During the occasions when picketers were present Atkinson confronted them, particularly the business agent.  Although he claimed they were obstructing workers the picketers claimed that he threw their drinks and food on the ground, insulted them, stabbed their inflatable rat to deflate it, and otherwise harassed them.  On July 28 Atkinson was arrested, and shortly thereafter Frank Marco, union counsel, wrote a letter to Dobbins Group.

            Seeking reimbursement for the damage to union property, Marco’s letter advised that “your employee Kevin Atkinson…as your superintendent, ….has destroyed and damaged property belonging to our local.”  The letter went on to threaten litigation, but a third party covered the cost of the damage. 

            An appellate court has upheld the dismissal of a subsequent defamation claim by Atkinson against individual union officials, including the business agent present during the picketing.   Kevin Atkinson v. Ralph Affronti, et al, No. 1-05-3992 (1^st Dist. Dec. 2006).  Such a letter “is absolutely privileged to public defamatory matter concerning another in communications preliminary to a proposed judicial proceeding,” the court ruled.  An attorney must be free to “candidly and zealously represent his client in communications to potential opposing parties in litigation or other proceedings,” without the potential dangerf legal exposure because of his efforts.

            Atkinson had argued that the privilege should not apply when such a communication is made in bad faith, but the court ruled that the privilege was absolute.

 

1/23/07