“What to Expect During Your Employment Law Dispute” – Part 5: Mediation

The Local Civil Rules for the U.S. District Court for the District of South Carolina require that all civil cases be mediated with prior to trial. As many, if not most, types of employment cases are litigated in the federal courts, there is a good chance that you will attend mediation at some point in the course of your employment case. Mediation is an informal and confidential method of … [Read more...]

What To Expect During Your Employment Law Dispute – Part 2: Filing A Lawsuit

Welcome to Part 2 of our six part series on "What to Expect During Your Employment Law Dispute." Assuming you have received your "golden ticket" from the EEOC, discussed in Part 1, (and remember that some claims do not require you to file with the EEOC such as FMLA claims, wage claims/overtime issues, and breach of contract cases) it is now time to file your official lawsuit and get things … [Read more...]

How To Hire a Law Firm For your Employment Law Dispute

At Falls Legal we often receive questions from employees about various types of employment law issues.  These questions generally involve an employee who is experiencing a problem at work.  I find that preparing potential clients for the types of information we need to know and questions that they should ask is beneficial for everyone.  So here goes..... 1)  Don't use legal terms of art such as … [Read more...]

FMLA Article by Attorney J. Scott Falls Published in South Carolina Lawyer Magazine

Attorney J. Scott Falls and summer law clerk/law student Emily Nellermoe's article on the mistakes employers make in assessing FMLA leave has been selected for publication by the South Carolina Lawyer magazine. It was published as the cover story of South Carolina Lawyer in the January 2014 edition. Employees who work for employers with more than 50 employees should read the article to understand … [Read more...]

“What Is My Case Really Worth?” Part Two- Family and Medical Leave Act (“FMLA”) Cases

This is the second post in a series I'm working on called "What is My Case Really Worth?"  This post focuses on Family and Medical Leave Act ("FMLA") cases.  As you may know, the FMLA entitles an employee who has been working with a company for a year or more to twelve weeks of unpaid leave for a serious health condition; to care for a parent, spouse, or child with a serious medical condition; or … [Read more...]

Sexual orientation to become protected class? Wait and see….

Today and tomorrow the United States Supreme Court will hear oral argument on how America defines marriage.   It is unlikely that the final written decision will be issued until June so we will have to wait until then to find out. If the Supreme Court establishes a constitutional right to same-sex marriage, there may be enough public support for Congress to amend employment laws, including Title … [Read more...]

Happy Birthday FMLA

Twenty years ago today, President Clinton signed the Family and Medical Leave Act into law, which went into effect August, 5, 1993, six months later.  The bill was a major part of President Clinton’s agenda in his first term.  In the past twenty years, the FMLA has caused MAJOR headaches for employers.  As reported in a prior blog post, the FMLA provides employees with 12 weeks of UNPAID leave … [Read more...]

What Kind of Notice Does an Employee Have to Provide to an Employer to Take FMLA Leave?

The FMLA causes confusion among both employers and employees, partly due to the notice requirements that it mandates for both employees seeking to take FMLA leave and for employers that have an employee asking to take leave for reasons that may fall under the protection provided to the employee by the FMLA. To complicate things even more for both employees and employers, new legislation and … [Read more...]

Fitness-for-Duty Certifications under the FMLA

Employees taking FMLA leave should be aware that, under certain circumstances, an employer may require an employee to provide a fitness-for-duty certification upon their return to work stating that the employee is physically able to return to their position. As a condition of restoring an employee whose FMLA leave was occasioned by the employee's own serious health condition that made the employee … [Read more...]