Tuesday, April 18, 2017

First Circuit: In affirming 12(b)(6) dismissal, the court held that termination on the heals of FMLA-protected activity did not plausibly give rise to FMLA retaliation claim in light of history of an emotionally fraught and longstanding dispute between the employer and the employee, an expressed fear by the employer that the employee may have brought a gun to work, and a subsequent lock-out of the employee, all in a context that caused even the employee to suspect imminent termination
First Circuit: The court reversed summary judgment for defendant in wrongful death suit, finding district court exceeded its authority by basing its decision on an issue not argued by the parties and as to which no discovery had been allowed
Maine Legislature: LD 1441 would require an employer to allow an employee who is a veteran to take paid leave to attend scheduled appointments at a medical facility operated by the United States Veterans Administration
Maine Legislature: LD 1464 would allow an unemployed individual to receive unemployment benefits without registering for work or looking for employment if the individual has a verifiable guarantee to return to employment from the individual’s most recent employer and the individual is available for recall and is receiving full-time yearly benefits but is not receiving vacation pay
MHRC: April 24th Commission Meeting Agenda and Consent Agenda posted

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