3rd Circuit: Workers' Comp Settlement Doesn't Preclude FMLA Claims
A former Boscov's employee's settlement of workers' compensation claims does not prohibit him from bringing a Family and Medical Leave Act suit against the department store, a federal appeals court has ruled.
September 11, 2017 at 03:58 PM
3 minute read
A former Boscov's employee's settlement of workers' compensation claims does not prohibit him from bringing a Family and Medical Leave Act suit against the department store, a federal appeals court has ruled.
The U.S. Court of Appeals for the Third Circuit held in a precedential opinion Monday that Craig Zuber could pursue an FMLA case against the Reading-based retailer over an allegedly retaliatory firing that he claims was based on his medical leave from a work injury.
Boscov's argued that Zuber waived his rights to pursue further litigation against the company after he signed a compromise and release agreement in July 2015. The district court agreed and granted Boscov's motion to dismiss.
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