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Previous Inaction on Performance Issues, Positive Reviews, Cast Doubt on Motivation for Post-FMLA Firing
Wolters Kluwer Law & Business Link to more items from this source
Apr. 2, 2018

"Though an employer argued that certain events during an employee's FMLA leave were the 'final' straw that led to her being terminated following her return from a six-week FMLA leave, triable issues prevented a federal court in Wisconsin from granting its motion for summary judgment on her claims of FMLA interference and retaliation. The employer would have to explain to a jury why, after years of inaction and solid reviews, it suddenly chose to act on alleged, longstanding concerns about her performance only a few days after she returned from leave." [Degner v. Juneau County Dept. of Human Services, No. 16-674 (W.D. Wis. Mar. 5, 2018)]  MORE >>

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