January 15, 2009
v. Clinical Laboratory Partners
Dismissal for Complainant's failure to prosecute her claim.
December 12, 2008
Paula Barta v. Yale-New
Employer did not take adverse action in retaliation for FMLA and
there was no constructive discharge.
October 22, 2008
Barbara Jamilik v. Yale
No evidence of retaliation or interference for exercising
rights under FMLA.
May 12, 2008
Joaquina Velez v.
Related Management Company
Employer had less than 75 employees in Connecticut.
March 4, 2008
Robert Lewandowski v. The Hartford Financial Services Group
legitimate non-discriminatory reason for laying off the
August 3, 2007
Schuster v. Mooreland Holdings LLC aka Moreland Partners LLC
May 11, 2007
Aleatha Haughton v.
U.S. Surgical (PDF, 2.6MB)
The Complaintant exceeded her 16 week leave and was no longer
protected by the FMLA.
November 8, 2006
Deborah Powell v.
Yale-New Haven Hospital (PDF, 338KB)
Withdrawal of complaint.
August 28, 2006
Mark Jenco v. United Airlines (PDF, 2.5MB)
The CT FMLA only applies
to employers with 75 or more employees within the State of
August 22, 2006
Judith Baldwin v. M.J. Daly & Sons Inc.
Employee was not an
June 19, 2006
Kristina Bokon v. Bozzuto's Inc.
Complainant met her burden of proving that the reasons proffered by
the Respondent for her termination were pretextual.
June 6, 2006
Shirley Mosby v.
Pitney Bowes (PDF, 225KB)
Withdrawal of complaint.
October 25, 2005
Persky v. Cendant
Connecticut Supreme Court case. When
analyzing interference claim under Family and Medical Leave Law,
courts should use the strict liability standard, which does not
require that the employee alleging a claim of interference prove
the employer's intent.
March 8, 2004
B. Kim Persky v. Cendant
Docket No. CV 03-0520241S (Judge Pinkus) (Appeal to Supreme Court pending.)
The Superior Court found that the Commissioner
correctly applied a strict liability standard and that there was substantial
evidence in the record to support the Commissioner’s conclusions.
February 6, 2003
Persky v. Cendant Corporation (PDF, 2.7MB)
Decision of the Commissioner, FM 99-50.
After May 24, 1999, when the Complainant’s leave
expired, the Commissioner found that the Complainant’s replacement performed
duties that were not substantially different in terms of difficulty or skill
level from those performed by the Complainant before she took her leave. The
Commissioner found that the Complainant’s job had not been eliminated and that
the Complainant’s position was still available.
September 19, 2005
Jen Duquette v.
Kenyon Oil Company (PDF, 317KB)
Failure of Complaintant to appear at hearing.
April 22, 2005
Charles H. Gardner
v. Valerie Manor (PDF, 448KB)
Complaintant failed to appear at hearing and Commissioner
concluded Complaintant had not met its burden of proving an FMLA
March 18, 2004
Marando, Jr. v. Stop and Shop, Inc. (PDF,
Decision of the Commissioner, FM 2000-44.
The employer had a uniformly enforced policy
that prohibits outside employment during a period of leave. The
Commissioner held that the employer had a legitimate reason for discharging
the Complainant under its policy prohibiting certain outside employment
while on leave for any reason.
Maribeth Shields v.
Decision of the
Commissioner, FM 98-37.
The Complainant was appointed to fill an interim
position and that because she was hired only for a specific term, the
Respondent did not have an obligation to restore the Complainant that position
upon the expiration of her leave because the original position as it existed
prior to the Complainant’s leave no longer existed.
Rebecca Maheu v Webster
Decision of the Commissioner, FM 2001-24.
Case dismissed for Complainant’s failure to
appear and prosecute her own case. The hearing officer had evidence of
the Complainant’s receipt of the notice of the hearing date.
February 4, 2002
Ostrowski v. Guida’s Dairy Products (PDF, 136KB)
Decision of the Commissioner, FM 2000-53.
The Complainant lacked the one thousand (1000)
hours required to be an ‘eligible employee’ under the FMLA.
August 30, 2001
Schumack v. Super Kmart (PDF, 1.5MB)
Decision of the Commission, FM 99-2.
The Commissioner found that a violation of the
FMLA had occurred and awarded the Complainant $36,704.97 in damages. He found
that the Complainant’s final one hour tardiness should have been designated as
FMLA leave and that the decision to discharge the Complainant for his absences
included that last incident.
August 16, 2001
Custin v. Boise Cascade (PDF, 253KB)
Decision of the Commissioner, FM 97-3.
An “employer,” for purposes of the FMLA, must employ 75 or
more employees in order to be subject to the Act. In
this case, the employer employed less than the requisite
number of employees during all relevant times. The
Commissioner rejected the argument that for the purposes of
the 75 or more requirement, the Department of Labor must
look outside the boundaries of Connecticut.
March 9, 2001
Marilyn Clare v.
Catholic Family Services (PDF, 930KB)
Decision of the Commissioner, FM 99-44.
The decision found that the Respondent
appropriately asked for additional medical information for clarification
purposes. Despite the Respondent’s requests, the Complainant did not submit
any additional medical documentation until the time of her grievance. The
Commission found that the Complainant failed to meet her obligations under the
FMLA and the Respondent did not violate any provision of the FMLA.
May 16, 2000
Larensen v. Konica Business Machines U.S.A., Inc. (PDF, 435KB)
Decision of the Commissioner, FM 9843.
The Commissioner did not find good cause for the
January 12, 2000
Andrew Elliott v. Pratt & Whitney
Decision of the Commissioner, FM 98-33.
The Complainant sought advice and guidance
from several attorneys and his medical condition did not prevent him from
filing complaints in other form. The Commissioner did not find good
cause for the late filing.
December 4, 1998
Mendes v. St. Joseph College (PDF, 1.2MB)
Decision of the Commissioner, FM 96-34.
The complaint filed with the Department of Labor
in November of 1996 was filed more than 180 days after the employer action
which prompted the complaint. The remaining issue was whether the
Complainant had good cause for the late filing. The Complainant was
represented by counsel since at least August of 1994 and a complaint was filed
in another forum. Consequently, the Commissioner did not find good cause for
the late filing.
June 16, 1998
Gierla v. Aetna Life Insurance (PDF, 549KB)
Proposed Decision of the Hearing
Officer, FM 95-31.
decision never became final, parties settled this matter and withdrew the
December 3, 1997
v. Prudential Insurance (PDF, 1.1MB)
Decision of the Commissioner, FM 94-44.
Several months prior to her discharge, the
Complainant was placed on probation for low production. The discharge was for
a legitimate nondiscrimination reason and the Complainant did not offer any
evidence that the decision was pretextual.
October 31, 1997
v. Viacom Broadcasting, Inc. d/b/a WVIT-TV, Channel 30
Decision of the Commissioner, FM 93-4. Appealed to
Superior Court, but appeal withdrawn pursuant to a
settlement in August of 1998. A violation was found because
the decision to terminate the Complainant was not made prior
to her leave nor were there newly discovered reasons for her
termination while she was out on leave.
September 17, 1997
Lauder v. Sodexho (PDF, 370KB)
Decision of the Commissioner, FM 94-7.
The elimination of the Complainant’s position
was similar to the elimination of an entire division. She was not discharged
because she exercised her rights under the FMLA.
August 8, 1996
Paula S. Friedman v. Gardner
Merchant (PDF, 649KB)
Decision of the Commissioner, FM 91-2
There was no violation of the FMLA
because the discharge took place outside of the protected
August 28, 1995
v. General Dynamics (PDF, 2.3MB)
Decision of the Commissioner, FM 92-6.
The Employer placed the Complainant on FMLA
prior to her maternity leave because the Complainant was unable to perform
her job. Placing the Complainant on FMLA leave prior to the birth of her
child did not entitle the Complainant to additional weeks of leave after
the expiration of her statutory FMLA entitlement.
July 17, 1995
Cretella v. Blue Cross and Blue Shield
Decision of the Commissioner, FM 93-9
In the absence of any first-hand testimony from
the Complainant, good cause for the late filing was not found.
January 18, 1995
Haggquist v. Greenwich Hospital Association, Inc.
Decision of the Commissioner, FM 91-12
This case involved a leave that began prior to
the existence of the FMLA. There is nothing in the express language or
legislative history that indicates that the FMLA was intended to operate
retrospectively to its date of enactment.
October 4, 1994
Moody v. Sweet Life Foods (PDF, 1.5MB)
Decision of the Commissioner, FM 93-5.
The Respondent employer attempted to make
arrangements to temporarily fill the position in the Complainant’s absence.
When unable to do so, the Respondent simply reassigned the duties to existing
and new staff members and found this solution to be workable. The FMLA
clearly does not excuse an employer from compliance simply because an employer
learns in an employee’s absence that it can ‘make do’ without that employee.
The Employer failed to restore the Complainant to her original position from
which she exercised her rights to FMLA.
June 29, 1994
Carolyn McCarthy v. Bristol
Press (PDF, 1171KB)
Decision of the Commissioner, FM 93-15.
The Complainant did not establish circumstances which would
have prevented a reasonably prudent individual in the
exercise of due diligence from the timely filing of her
complaint and thus had not shown good cause for her untimely
May 25, 1994
v. Middlesex Hospital (PDF, 412KB)
Decision of the Commissioner, FM-91-10.
nothing in the record to substantiate that the Complainant was suffering
from a “serious illness.”
January 10, 1994
Lanza v. United Cable (PDF, 1.8MB)
Decision of the Commissioner, FM 92-4.
The Respondent violated the FMLA through its
attendance policy, which provided that corrective action could be taken if an
employee took time off for legitimate illness with proper medical
documentation and through its performance evaluation procedure, in which an
individual’s performance evaluation was negatively affected by the
individual’s exercise of the right to a medical leave protected by the FMLA.
December 23, 1992
Cormier v. Textron Lycoming (PDF, 961KB)
Decision of the Commissioner, FM 92-1.
The Complainant failed to sustain her burden of proving that
the Employer did not restore her to her original position.
Upon the Complainant’s return to work, neither the nature
nor the number of the Complainant’s duties was substantially
diminished by the Employer.
200 Folly Brook Boulevard, Wethersfield, CT 06109 / Phone: 860-263-6000
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State of Connecticut