Tag Archives: Parent

Georgia Court Rules Parents Can Be Liable For Libelous Facebook Posts Of Their Child

If you have read my blog for any time at all (thank you!) then you know one my major concerns is how the use of social media effects teachers, public employees, and even employers.  While it shouldn’t come as any surprise that an individual’s off-the-clock social media use can effect their employment, a recent appellate decision from Georgia ruled on a novel question: can parents be liable when their child makes a fake Facebook profile of another child and then posts defamatory and libelous comments there.  See Boston v. Athearn, A14A0971 (Ga. App. Oct. 10, 2014) (thanks to Legal Clips for pointing out this case).  While the ultimate ruling was that the parents could be held liable, the specific facts are important.  Hit the jump for more… Continue reading

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Missouri Court Rules Parents May Be Liable for Injury to Teacher Aide

Teachers and teacher aides dealing with violent students may feel there are few resources to correct the students’ behavior and protect themselves.  Administrators, tired of dealing with the same students repeatedly, will leave the classroom staff to fend for themselves and police and prosecutors are reluctant to press criminal charges against minors.  Additionally, school employees are often reluctant to protect themselves as that, almost unerringly, leads to a hotline report of child abuse or neglect.  This leaves many school employees facing a workplace where they can routinely expect to be punched, bit, scratched, and spit on.  However, a recent decision from the Missouri Court of Appeals, Eastern District, may provide some remedy when the student’s parents have refused to take action to alleviate the situation.  See Ridgell v. McDermott, No. ED100402 (Mo. App. E.D. April 15, 2014).

Hit the jump for all the details… Continue reading

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FMLA and Adult Children

Even though the Family Medical Leave Act officially turned 20 years old last month there continue to be issues requiring clarification from the courts and the Department of Labor.  Most recently, the DoL issued some administrative guidance on FMLA leave for adult children.  The FMLA provides time off to care for children who are either under 18 years of age or who are older than 18 and are “incapable of self-care because of a mental or physical disability.”  Unfortunately, this definition left a number of open questions, such as, is the FMLA definition of disability the same as the Americans with Disabilities Act definition?  does it matter when the disability began?  and what is the intersection of “serious health condition” under the FMLA and “disability” under the ADA?

Before moving on, I just want to take a moment, yet again, to advertise the FMLA video I put together.  If you are not familiar with the basic requirements, check out that video and then come back for more information on this complicated topic.

For all the nitty-gritty of the DoL guidance, hit the jump… Continue reading

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Filed under Americans with Disabilities Act, Family Medical Leave Act