Please remember, you can almost always be liable for something you do. This concept is no different under the Family and Medical Leave Act (FMLA). If you act in the “interest of the employer” in any of the actions giving rise to a FMLA claim, you may find yourself defending a lawsuit individually.
For example, in one lawsuit, in addition to the employer, the president/CEO, a human resources manager, a director, and a plant manager were sued individually for FMLA claims. How do you avoid this potential liability? You must have training and policies in place to make certain that violations of the FMLA (and other regulations) do not happen.
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