Case: Wage & Hour/Statutes of Limitations (6th Cir.)

Aug. 25, 2021, 6:05 PM UTC

The Family and Medical Leave Act claims of a discharged employee for FedEx Corporate Services, Inc. were properly dismissed as untimely because she filed her amended complaint asserting such claims more than two years after her termination, her FMLA claims don’t relate back to her original complaint, and the three-year statute of limitations for “willful” FMLA violations is inapplicable, the Sixth Circuit ruled. Even if she had served FedEx with her original complaint, which she didn’t, it still wouldn’t have had notice of her FMLA claims as she made no reference at all to the FMLA in that complaint, and ...

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