Employment – FMLA — damages

Listen to this article

Employment – FMLA — damages

When no party seeks judicial review, an employee has sixty days from the date the thirty-day period for judicial review ends to file an action for damages in circuit court under sec. 103.10(13)(b).

“With this context, scope, and purpose in mind, the more reasonable interpretation of the statute is that the employee should be deemed to have prevailed, and thus for purposes of WIS. STAT. § 103.10(13)(b) to have completed the administrative proceeding including judicial review, only after expiration of the time for seeking judicial review of the agency’s order in the employee’s favor. This interpretation provides clarity and certainty in defining the limitation period, consistent with the reasonable inference that the legislature intended that the statute of limitations be predictably evident, whether or not judicial review is sought.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP133 Hoague v. Kraft Foods Global, Inc.

Dist. IV, Dane County, Albert, J., Kloppenburg, J.

Attorneys: For Appellant: Phebus, Douglas J., Middleton; For Respondent: Kaplan, Daniel A., Madison

Full Text