As is often the case in the practice of law, the simplest of details can have the hugest impact on the outcome. Take for example, the recent case from the Eastern District of Pennsylvania of Zuber v. Boscov’s, No. 15-3874 (E.D. Pa., Apr. 7, 2016). What was believed to be a rather benign settlement and release of a workers’ compensation claim turned out to be a complete bar to a subsequent claim brought in federal court under the Family and Medical Leave Act (FMLA).
According to the decision, plaintiff Craig Zuber sued his employer, Boscov’s, asserting claims for interference with his FMLA rights and wrongful termination in violation of his FMLA rights. Zuber suffered a compensable eye injury while working for the defendant on Aug. 12, 2014. After missing a brief period of time from work, Zuber returned to work, and was fired on Sept. 10, 2014, for an alleged security breach, per the opinion. Eventually, Zuber resolved his workers’ compensation claim on April 8, 2015, pursuant to a compromise and release agreement between Zuber and Boscov’s workers’ compensation carrier.
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