This is a story about the potential consequences of not properly training supervisors as to FMLA rights and obligations. It is a long and detailed story, but the details are necessary to understand how the court came to its decision. It is also an important story because ultimately the court determined not only that the employer violated the FMLA but that its violation was willful and therefore awarded liquidated damages, which essentially amounts to extra punishment for bad behavior. The employee was employed by CHD as a direct care worker at a group home where she was responsible for caring for residents with mental impairments. She was hospitalized in April 2013 for several days due to mental health issues that arose suddenly. The employee’s son called CHD and spoke to a friend who worked there to ask who he should inform of his mother’s treatment and resulting absences. He was given the name of the on-site supervisor, whom he called. He advised CHD that his mother was hospitalized and very sick. He reported he was uncertain when she would return…Read More
Rudman Winchell is a full service law firm serving the people, businesses and communities of Maine. With our vast legal resources and more than two dozen attorneys located in Bangor, we become a true strategic partner with the clients we serve.
Rudman • Winchell's Practice Groups
Individual • Family
Rudman Winchell attorneys provide expert guidance and on matters involving all aspects of Maine individual and family law including Divorce, Probate, Elder Law, Wills and Estate Planning.
Business • Corporate
Rudman Winchell business attorneys regularly represent clients in all aspects of business and corporate law.
Litigation • Trials
Rudman Winchell’s trial lawyers have extensive experience in both federal and state courts in a vast array of civil matters as well as criminal defense.
Municipal • Government Law
Rudman Winchell represents clients' interests in administrative and enforcement proceedings before government agencies and boards, including appeals.
Insurance • Workers Compensation
Rudman Winchell’s insurance law attorneys offer specialized representation to insurance companies and their insureds.
Real Estate • Property
Rudman Winchell has a broad Maine based real estate practice. Our real estate attorneys provide representation of banks and other lending institutions
Employment • Labor Law
Rudman Winchell’s experienced Employment and Labor attorneys advise clients on preventive strategies and positive solutions in Maine labor and workplace law.
Timberlands • Natural Resources
Rudman Winchell is located in the heart of Maine's industrial timberlands, and is a trusted partner of the timber industry and other natural resource based enterprises.
Healthcare • Hospitals
Rudman Winchell provides a comprehensive array of legal services to clients in the health care industry, throughout the state of Maine.
FROM THE ATTORNEY'S BLOG
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