Employment Law | Expert Legal Commentary

April 6, 2010

Narodetsky v. Cardone: Holding Non-Officer Individuals Liable under FMLA

Narodetsky v. Cardone Industries Inc.

By Jeremy J. Gray of Zuber & Taillieu

Exacerbating a current split among federal courts on the issue, a federal court in Pennsylvania has held that any individual, not just corporate officers, can be held liable under the FMLA’s individual liability provisions. In Narodetsky v. Cardone Industries Inc., 2010 WL 678288, NO. 09-4734 (E.D. Pa., Feb. 24, 2010), the Eastern District of Pennsylvania found that any individual, regardless of his or her status in the corporate hierarchy, can be held individually liable under the FMLA if he or she exercised control over the plaintiff’s termination or medical leave decision.

About the Author

Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.

Image Credit: ©iStockphoto.com/tupungato

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Cardone Industries, Inc.

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