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Previous Inaction on Performance Issues, Positive Reviews, Cast Doubt on Motivation for Post-FMLA Firing
Wolters Kluwer Law & Business
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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