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Tenth Circuit Finds Employer Was Justified in Firing Employee for Failing to Cooperate with FMLA Leave Approval Process
McAfee & Taft Link to more items from this source
Aug. 11, 2014
"The decision recognized that when the county suspended and then terminated Dalpiaz while she was apparently on intermittent FMLA leave, the employment discharge interfered with Dalpiaz' FMLA rights. Nevertheless, the court concluded that the record did not support an inference that Dalpiaz' termination was related to her FMLA leave.... The court concluded that the county had successfully established that it would have terminated Dalpiaz regardless of her request for FMLA leave, 'and for the same type of conduct outside of the FMLA context.'" [Dalpiaz v. Carbon County, No. 13-4062 (10th Cir. July 25, 2014) ]

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