Caffarelli & Siegel Breaks New Ground: Court Rules on â€œFirst Impressionâ€ FMLA Issue
On June 27, 2008, Judge Sidney Schenkier of the United States District Court for the Northern District of Illinois ruled that public employees may be sued in their individual capacities under the federal Family and Medical Leave Act (â€œFMLAâ€). This issue had never been decided in this jurisdiction, and Caffarelli & Siegel is pleased to have contributed to the formation of new law.
Plaintiff Daniel Rasic filed suit against his former employer, the City of Northlake, claiming interference with his rights under the FMLA and retaliation for having exercised those rights. Named as an additional Defendant is police chief Dennis A. Koletsos, Officer Rasicâ€™s former supervisor. Koletsos moved to dismiss himself out of the Complaint on the grounds that public individuals may not be sued under the FMLA and on the alternative grounds that he is entitled to qualified immunity. Officer Rasic filed a response in opposition to the motion. The Court agreed with Officer Rasic and denied the motion to dismiss.