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Third Circuit: Honest Belief Employee Was Abusing FMLA Leave Defeats Retaliation Claim
Wolters Kluwer Feb. 1, 2017
"Even assuming an employee made out a prima facie case of FMLA retaliation, his employer was properly granted summary judgment because the evidence showed that it fired him based on an honest belief that the employee, who was arrested for a DUI and had court dates coinciding with his intermittent FMLA dates, was misusing FMLA leave. The Third Circuit also affirmed summary judgment against the employee's FMLA interference claim because there was no evidence he was ever denied benefits to which he was entitled." [Capps v. Mondelez Global, LLC, No. 15-3839 (3d Cir. Jan. 30, 2017)]
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