The Seventh Circuit recently decided an appeal in Cuff v. Trans States Holdings, Inc., et al. and affirmed a lower court’s decision to award an employee-plaintiff a large settlement in a Family and Medical Leave Act (FMLA) case. The Court found that the employee worked jointly for two companies that were owned by one supplier, and it held that the employer was in fact mandated to follow federal law regarding FMLA and should not have terminated the employee for taking leave.
The Facts of the Case
An employee was terminated from his job after he took a leave under FMLA after the request was denied by his employer. The employer contended that it was not considered an employer subject to the regulations because they did not have the requisite number of employees. The company said that it only had 33 employees. The plaintiff argued that he worked for both companies jointly, and the other company had 343 employees, therefore qualifying the employer under FMLA.
The Court found that under the regulations by the Department of Labor, an employee will be eligible for FMLA if he or she is employed by more than one agency that has 50 or more workers total, and in this instance the employer was qualified as such under the law.