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October 2010
The Family and Medical Leave Act - Individual Liability
By Eric Bass

     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.

     Content provided by Wishart, Norris, Henninger & Pittman, P.A., which partners with owners of closely-held businesses to provide comprehensive legal services in all areas of business, tax, estate planning, succession planning, purchases and sales of businesses, real estate, family law, and litigation. For more information, contact Robert Norris at 704-364-0010 or visit

Eric Bass is an attorney at Wishart, Norris, Henninger, P.A.
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