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FMLA Decision Has Gems for Employers
Constangy, Brooks, Smith & Prophete, LLP Link to more items from this source
Dec. 5, 2025

"[T]he court noted that an employee's subjective feelings are not in themselves enough to establish a valid claim.... The Second Circuit panel ... found that the employer's failure to provide the notices did not support Patti's interference claim. No prejudice.... The employer said that Patti was doing a lousy job with U.S. clients. Patti disagreed, and said that her contrary opinion was enough to get her FMLA retaliation claim to a jury. But the court correctly noted that her personal opinion was not relevant.... [T]he employer's performance-related feedback had been consistent the whole time -- before, during, and after the FMLA leave." [Haran v. Orange Business Services, Inc., No. 24-2312 (2d Cir. Nov. 25, 2025)]  MORE >>

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