What is a PFL discrimination hearing in front of a Workers’ Comp ALJ about? HR just notified legal that one is happening tomorrow and there is no time to get outside counsel on this. What do they expect to have the company present? Will they typically adjourn?

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Assuming you’re in NY, someone is alleging they were discriminated against for taking or requesting paid family leave. You’ll have to present evidence surrounding their request for leave and their adverse employment action (I’m assuming termination). You can probably get an adjournment but the ALJ won’t be happy it wasn’t requested in advance.

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Apparently HR has been involved and responded to the complaint etc. but I have no procedural background. Trying to get up to speed, but will probably have to lean on the HR rep for facts, etc. I presume they have some legitimate reason for terminating the person, but have no idea. I think the claim was a term in anticipation of the employee taking PFL.

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