Choose Backs Rehiring Employee Accused Of FMLA-Depart Abuse

Law360 (April 20, 2021, 9:15 p.m. EDT) – A judge from the New York federal magistrate Tuesday recommended the court enforce an arbitration award obliging a packaging company to hire an employee accused of medical leave abuse and found that the arbitrator did not use his discretion to conclude that there should be a fair ground for dismissal

US Judge H. Kenneth Schroeder Jr. said in his report and recommendations that the arbitrator “wrestled with the US language” [collective bargaining agreement]”When he concluded that Cascades Containerboard Packaging was acting too harshly when Joseph Nemerowicz dismissed it after investigating its use of vacation as part of family and sick leave …

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