On February 24, 2010, a federal judge in the Eastern District of Pennsylvania, the federal trial court located in Philadelphia, held that managers could be individually responsible (in legal terms, liable) for violations of the Family and Medical Leave Act (FMLA). The FMLA requires employers to allow employees to take a specified amount of time off for family and/or medical reasons. The law normally applies when an employee is having a child, a family member is ill, or an employee is having surgery.
In Narodetsky v. Cardone Industries, Inc., the employee (Narodetsky) had worked at Cardone, a global supplier of automotive parts, as a tool designer for approximately 12 years. He found out that he needed surgery and requested leave from work under the FMLA. According to his Complaint, immediately after his request, Cardone’s President and CEO, its Human Resources Manager, Human Resources Director, a Human Resources representative, and the Plant Manager decided to perform a forensic search on his computer. The search turned up a pornographic email that he had sent to a co-worker about a year earlier. As a result of the email obtained in this fashion, he was called into a meeting and summarily fired.
While normally in such suits, the employer is the sole party sued, Narodetsky sued not only Cardone, but each of the company officials involved, from the company President to the Plant Manager. Narodetsky claimed that the individuals “participated in the forensic search of his computer with the goal of finding a reason to justify his termination because he had requested FMLA leave.”
The individuals who had been sued (called the individual defendants) filed a motion to dismiss the lawsuit. They claimed they could not be held personally liable for FMLA violations.
The trial judge disagreed. He ruled that the individual defendants could indeed be held legally liable for violating FMLA because Narodetsky alleged in his Complaint that each had the power to terminate him, and that each was involved in his termination.
Following Narodetsky, managers should consult an attorney before denying FMLA requests. Where there is a question whether an employee is entitled to family or medical leave, counsel can provide a reasoned opinion in accordance with the law. The last thing a company should do is leave its managers exposed to personal liability for deciding these issues on their own.
The Axelrod Firm, PC helps individuals, businesses and non-profit organizations with their commercial, real estate and employment issues. Sheryl L. Axelrod is the owner of the three attorney state-certified woman owned law firm. While only 5% of lawyers per jurisdiction are recognized by their fellow lawyers as Super Lawyers, she has been recognized as a Super Lawyer for the third year in a row. She is the President of the Temple Law Alumni Association (TLAA), its 4th female President in its over 95 year history.
