Tag Archives: burden of proof

Assignment to a lesser position upon return from leave may support FMLA interference claim.

The 11th U.S. Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from Family and Medical Leave Act (FMLA) leave created an issue of material fact that required a jury to determine whether the … Continue Reading
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