Employees can't change facts to fit different claims

In a recent decision from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Mississippi employers), the court affirmed the dismissal of a former employee's Family and Medical Leave Act (FMLA) retaliation claim and rejected the employee's attempt to change her factual allegations to fit a new claim in order to avoid dismissal of her lawsuit. The court's decision and reasoning provides further guidance to employers on the employee notice requirement under the FMLA and is likely to prove useful to employers defending FMLA and other federal claims. Read More...