Nathaniel M. Glasser, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Bloomberg BNA Daily Labor Report, in “Standard of Proof Lowered in Medical Leave Lawsuit,” by Jon Steingart. (Read the full version - subscription required.)
Following is an excerpt:
“This directly impacts what a plaintiff has to show both to survive summary judgment and to convince a jury that he or she was treated improperly for using FMLA leave,” Nathaniel Glasser, a member of management law firm Epstein Becker & Green PC’s Washington, D.C., office, told Bloomberg BNA July 19. “It’s a greater burden on employers and a lesser on employees,” he said. …
The decision vacates the jury verdict and sends the case back to the lower court. Woods likely will get a new trial so a jury can weigh the evidence under the correct standard, Glasser said.
