Many employment cases may involve multiple different types of harm that are suffered as a result of different transgressions committed against you. Your employer, for example, may have violated the Family and Medical Leave Act or anti-discrimination laws around the same time that you suffered an injury potentially covered by workers’ compensation. Whenever your case involves multiple claims, it could make sense to settle some and pursue others. If you do, it is vital to understand fully exactly what you are releasing (in other words, giving up) as part of any settlement agreement you sign. An experienced New Jersey employment attorney can help you understand your rights and your options when this type of scenario arises.
One example in which this did happen was the case of Craig. Craig was like thousands of people across the country who have gotten hurt while on the job. He returned to work for a few days after the injury but eventually needed an extra week off to heal. After that week off, the injured market worker returned to work. Just two weeks after he returned to work, the market fired the man.
Craig eventually brought a lawsuit that accused the employer of violating the FMLA. The FMLA gives employees who need to take leave from work certain rights. Among the obligations that the FMLA imposes on employers is to notify an employee who takes leave of his rights under the FMLA statute. The man’s lawsuit contended that the market never informed him of his rights. The employer also allegedly broke the law “by not designating his leave as FMLA protected.”