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Prior Layoffs of Clerks Outside Protected Class Doom Laid-Off Law Clerk's FMLA Claims
Wolters Kluwer Law & Business 
Jan. 11, 2016
"A law firm processing clerk who was told she had been selected for layoff in the days before she was set to return from surgery-related FMLA leave will not be able to take her FMLA and state law disability claims to a jury, a federal district court in Ohio ruled. The employee was selected as part of a successive wave of lay-offs over the course of 2013 and employees laid off from her department in previous waves had not taken FMLA leave." [Partin v. Weltman Weinberg & Reis Co., LPA, No. 1-14-cv-216 (S.D. Ohio Jan. 5, 2016)]
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