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FMLA Claims Reinstated Because Employer Couldn't Prove Employee Had Received FMLA Notice
Wolters Kluwer Law & Business Link to more items from this source
Aug. 7, 2014
"[The employer did not] present any evidence that the employee received the letter since it was not sent by registered or certified mail and it did not request a return receipt or use any of the now-common ways of tracking a letter. Its only evidence consisted of self-serving affidavits signed nearly four years after the alleged mailing date. Given the employee's denial, and the ease with which a letter can be certified, tracked, or proof of receipt obtained, the weak rebuttable presumption was insufficient to establish receipt as a matter of law." [Lupyan v. Corinthian Colleges Inc., No. 13-1843 (3rd Cir. Aug. 5, 2014)]

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