Summary Judgment Precluded On Terminated Employee's FMLA Retaliation Claim
A federal district court in Pennsylvania has denied
summary judgment on an employee's claim he was discharged in retaliation for
taking leave under the Family and Medical Leave Act (FMLA). The employee
provided direct evidence that his FMLA-protected leave was a negative factor in
the termination decision, in the form of the managing partner's deposition
testimony regarding the employee's absences he took into account in deciding to
terminate him. The burden thus shifted to the employer to show it would have
reached the same decision even with FMLA leave removed from the equation. A
genuine issue of material fact existed in that regard.
Hicks v. Tech Industries