USCA 7th: Constructive Notice Applies to FMLA

The United States Court of Appeals, Seventh Circuit, issued a ruling last week finding that a fired employee could sue for reinstatement under the Family and Medical Leave Act where he fell asleep on the job nearly every day for two weeks and then did not show up for work at all due to severe depression.In John Byrne vs. Avon Products, Inc. (No. 02-2629, 05/09/03), Byrne, after more than four years of highly regarded service as the only stationary engineer on the night shift at Avon Products, started to read and sleep on the job. Ultimately he was fired when he failed to show for work, and...