General Counsel Out During Covid Proves Leave Interference Claim

A Florida sheriff’s office interfered with its general counsel’s job-protected medical leave under federal law when it replaced him while he was out during the early days of the Covid-19 pandemic.

James Potter, the sheriff of DeSoto County, said he informed Joshua Wertheim that he was a “key employee” and thus fell under an exception to the Family and Medical Leave Act’s mandate that employees who miss work for approved leave must be reinstated in their job or an equivalent position. But the communications Potter sent to Wertheim while he was out didn’t meet the notice requirements needed to invoke ...