Wednesday, March 27, 2013

Eighth Circuit -- Christine Dollar v. Smithway Motor Xpress

Employment -- FMLA

Employee had already been transferred at time of incident, so no need to prove that she could return to her old job.

No failure to mitigate claim for denying settlement offer, as failure to mitigate is an affirmative defense waived if not made early in the game.

Given business uncertainties, 10 year prospective pay relief was unreasonable.

Christine Dollar v. Smithway Motor Xpress
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.