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Tortious Interference Claim Survives Preemption

Judge Ronald A. Guzman decided that allowing a plaintiff to assert a tortious interference claim against a defendant, which is not an FMLA employer, would not frustrate the statute’s goals of balancing workplace and family demands while also accommodating employers’ legitimate interests and promoting equal employment opportunity. If administrators were exempt from both FMLA and tort liability, they could deny any and all meritorious FMLA claims. Therefore, allowing plaintiffs to assert their FMLA-based tort claim of interference will further rather than hinder the statute’s goals.