The 8th U.S. Circuit Court of Appeals has determined that a customer service representative who was fired for performance issues during the same period of time in which she requested leave under the Family and Medical Leave Act (FMLA) to care for her child could not support her FMLA discrimination claim. Burciaga v. Ravago
Sixth Circuit decision reminds employers of simple mechanisms for avoiding legal risk.
Long-standing and consistently applied policy, coupled with clear and objective documentation of the employer’s financial status form the basis of a decision by the 6th U.S. Circuit Court of Appeals to uphold the dismissal of an employee’s age discrimination claim. Green v. Twp. Of Addison, 6th Cir., No. 14-1607, unpublished (May 27, 2015).…
Family squabble leads to “Facebook firing,” and to dismissal of plaintiff’s case.
The line of “Facebook firing” cases is growing longer every month. In October, the Seventh U.S. Circuit Court of Appeals upheld summary judgment in an unpublished opinion in which an individual claimed gender discrimination after he was fired from his job as a daycare center worker. According to the employer, the firing was based on…
Employee’s failure to return from FMLA leave in a timely manner supports summary judgment for employer under the ADA.
In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with Disabilities Act (ADA). The interesting – and somewhat unexpected – basis of the decision was the fact that the plaintiff/employee’s termination was based…
Reduction in force sufficient to overcome pretext argument in retaliation case
The 1st U.S. Circuit Court of Appeals has upheld summary judgment in favor of an employer who asserted that it had terminated the employment of a human resource manager because of his poor performance and a reduction-in-force, and not because of his prior testimony in a sexual harassment claim filed against the company. Dennis v.