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Fifth Circuit Rules Disabled Employee Can Assert Retaliation Claim Concerning Termination of Health Benefits (PDF)
U.S. Court of Appeals for the Fifth Circuit Link to more items from this source
Dec. 13, 2013
"[W]hen a current employee suffers a disability that (1) makes him unable to perform his job duties for a period of time; and (2) entitles him to benefits under a plan that qualifies as an ERISA plan, it would be unconscionable to require that employee -- who, but for his new disability was qualified for his position -- to demonstrate that he was qualified for his position at the time of his termination in order to prove a retaliation claim. If such a requirement were part of the employee's prima facie case, a disabled employee that was unable to perform his job for a period of time would never be able to establish a prima facie case of ERISA retaliation, even if it was otherwise undisputed that the employer terminated him solely to avoid paying ERISA benefits." [Jimmy Parker v. Cooper Tire & Rubber Company, 12-60503 (5th Cir. Dec. 12, 2013)]

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