Monday, June 1, 2015

Just A Small Window -- On What the Jurors Are Asking After -- Re FMLA & Pregnancy Claims

I'll make almost no comment, on this -- but here are two of the five written questions that this jury sent back out, to the very able Judge Chesler, in federal District Court, in New Jersey, as of late Friday afternoon.

So, my comment -- based on these two arguably conflicting requests for clarity -- it would seem to make the case, up or down -- as I said -- a very, very close call.

. . . .No. 1. -- Does a private employer have the legal right to eliminate a position, let the employee who filled that position go, and then immediately recreate the same position, and give the job to someone else?

No. 2. -- Was [the plaintiff] an "at will" employee?. . . .

In a decidedly more prosaic vein, the foreman also asked that the jury be excused by 5:30 PM, since the Court's parking lot closes at 6 PM. The record indicates that they were excused at 5:35 EDT PM on Friday. They are back deliberating today. We will let you know right here -- when we learn of any verdict. Updated: Merck has been exonerated. Onward.

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