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Regardless of Pending Performance Improvement Plan, Employee Received All Required FMLA Leave
Wolters Kluwer Law & Business Link to more items from this source
June 19, 2014
"The employee failed to allege that his employer withheld any entitlement guaranteed by the FMLA, thus he failed to state a claim for interference. With respect to his retaliation claim, the fact that the employee was placed on a performance improvement plan based on documented performance problems well before the employer knew he was sick defeated any retaliatory inference based on timing." [Ross v Gilhuly, No. 13-2437 (3d Cir. June 17, 2014)]

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