In an important decision, the Third Circuit recently held in Lupyan v. Corinthian Colleges, Inc. that an employee’s sworn statement — and nothing more — that she did not receive management’s mailed notification that her leave was designated as qualifying under the Family and Medical Leave Act (FMLA), created a fact question precluding summary judgment on plaintiff’s FMLA interference and retaliation claims. The Greenberg Traurig authors, Robert H. Bernstein, Michael J. Slocum and Stefanie D. Hilliard*, discuss the case and suggest steps employers can take to avoid facing similar claims.
*Not admitted to the practice of law.