Employee Survival Guide®

S6 Ep122: Kemp v. Regeneron Pharma- FMLA Interference Claim


Listen Later

Comment on the Show by Sending Mark a Text Message.

This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!

The battlefield of workplace accommodations and family caregiving responsibilities takes center stage in our detailed examination of Kemp v. Regeneron Pharmaceuticals. This landmark case illuminates the critical distinction between denying leave and subtly discouraging employees from exercising their rights under the Family and Medical Leave Act.

We trace the journey of Denise Kemp, a decade-long employee with a history of promotions and positive performance, whose relationship with her employer deteriorated after seeking flexibility to care for her disabled daughter. The tension between remote work policies and leave rights creates a fascinating legal puzzle that ultimately hinged on technicalities rather than merits.

The Second Circuit's ruling provides crucial clarity on what constitutes FMLA interference, establishing that employers can violate the law without ever formally denying leave requests. Yet despite this employee-friendly interpretation, procedural rules—particularly the unforgiving statute of limitations—proved decisive. We explore how timing can make or break employment claims regardless of their underlying validity.

Beyond the technical legal analysis, we extract practical lessons for both sides of the employment relationship. For workers, understanding deadlines and documenting problematic interactions becomes paramount. For companies, the case serves as a warning that compliance means more than simply processing paperwork—it requires creating an environment where employees feel genuinely free to exercise their rights without subtle punishment.

Have you encountered challenges balancing family care responsibilities with workplace expectations? The evolving legal landscape around remote work accommodations continues to shape both employee rights and employer obligations. Share your experiences or questions about navigating these complex waters.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

...more
View all episodesView all episodes
Download on the App Store

Employee Survival Guide®By Mark Carey

  • 5
  • 5
  • 5
  • 5
  • 5

5

20 ratings


More shows like Employee Survival Guide®

View all
The Moth by The Moth

The Moth

27,226 Listeners

The Daily by The New York Times

The Daily

112,351 Listeners

Up First from NPR by NPR

Up First from NPR

56,429 Listeners

Today, Explained by Vox

Today, Explained

10,228 Listeners

Dateline NBC by NBC News

Dateline NBC

47,997 Listeners

Two Hot Takes by Morgan Absher

Two Hot Takes

7,857 Listeners

Good Morning, HR by Mike Coffey, SPHR, SHRM-SCP

Good Morning, HR

57 Listeners

Smosh Reads Reddit Stories by Smosh

Smosh Reads Reddit Stories

1,647 Listeners

The HR Investigations Podcast by RPC HR

The HR Investigations Podcast

12 Listeners

Ground Rules: Employment Law Over Your Coffee Break by Pam Howland

Ground Rules: Employment Law Over Your Coffee Break

12 Listeners