Dismissal For Violating Company Leave And Dual Employment Policies While On FMLA Leave Is Not Interference Or Retaliation
A U.S.
District Court has held that a Kansas cold storage
warehouse facility lead supervisor's dismissal for working at a liquor store
while on paid Family and Medical Leave Act (FMLA) leave did not constitute
retaliation or interference. The employer's proffered reason for his
termination, violation of company leave of absence and dual employment policies,
was legitimate, nondiscriminatory, and nonpretextual. With regard to the
retaliation claim, Senior Executive Staff made the termination decision, which
was not merely a "rubber stamp" of a local decision based on pretextual reasons.
There was no evidence of any similarly situated employee accepting employment
while on a leave of absence. As for the interference claim, while his
termination was an "adverse action," it was not related to the exercise or
attempted exercise of FMLA leave.
Howard v. Millard Refrigerated Services, Inc.