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Employers May Use a Private Investigator to Validate an Employee's Use of FMLA Leave
Shawe Rosenthal LLP
Apr. 29, 2022 "With regard to her FMLA claim, the employee ... [argued] that the employer initiated surveillance without a reasonable suspicion that she had abused FMLA! ... [T]he U.S. Court of Appeals for the Third Circuit treated that argument with the skepticism it deserves, flatly stating 'nothing in the FMLA prevents employers from monitoring employees' activities while on FMLA leave to ensure that they do not abuse their leave.' " [VanHook v. The Cooper Health System, No. 21-2213 (3d Cir. Mar. 31, 2022)] |
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