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Important Reminder About the Risk of Unexpected FMLA Liability
Snell & Wilmer Link to more items from this source
Oct. 9, 2014

"Many courts are imposing FMLA liability on employers with respect to employees who are otherwise not eligible for FMLA leave because the employer's actions have misled the employee into believing that he/she is entitled to FMLA leave benefits.... [C]ourts have held that the FMLA applies -- even if the employer is not a 'covered employer' or the employee is not an 'eligible employee' -- based on the equitable estoppel doctrine. These court decisions provide that equitable estoppel applies if [1] the employer misrepresented the availability of FMLA leave; [2] the employee reasonably relied on the misrepresentation; and [3] the employee suffered a detriment because of reasonable reliance on the misrepresentation."

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