Blogs / Events / Articles / News

Workers’ Comp Release Doesn’t Cover FMLA Claims, Says Third Circuit

Overview and Case Analysis

On Monday, September 11, 2017, the U.S. Court of Appeals for the Third Circuit held, in a precedent-setting opinion, that a workers’ compensation compromise and release agreement (C&R) did not prevent a former Boscov’s employee from filing claims against its employer for violations of the Family and Medical Leave Act (FMLA) and Pennsylvania common law. The employee alleged that Boscov’s interfered with, and retaliated against him for exercising his FMLA rights and further retaliated against him for filing his workers’ compensation claim. Continue Reading