Have you ever had 65 employees seek FMLA at the same time with the same doctor’s notes?

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On June 16, 2017, an employer issued furlough notices to employees at its West Virginia facility. Over the following weeks, 65 or so employees submitted forms requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty. The forms were similar in content; all were signed by one of two chiropractors, and all called for a medical leave of eight weeks or more.

What would you do in that situation?

Suspecting benefits fraud, the employer charged the employees with violating its workplace rule against dishonesty and, following hearings, terminated their employment.

So, the employees sued

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