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World of Employment

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Ninth Circuit Places Burden of Proof on Employers to Justify Refusal to Reinstate in FMLA Interference Claims

By Marc Alifanz on March 18, 2011
Posted in FMLA

A Ninth Circuit panel ruled yesterday in Sanders v. City of Newport that when an employer opts to not restore an employee who was on FMLA leave to her former position, that the burden falls on the employer to demonstrate that such action was justified.

In Sanders, the plaintiff, a billing clerk, started feeling…

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