Case: Discrimination/FMLA Retaliation (W.D. VA.)

April 15, 2021, 4:28 p.m.

A retired line mechanic for the Appalachian Power Company is not entitled to summarize his or her retaliation claims under the Family and Medical Leave Act or the Americans with Disabilities Act, a federal court located in Virginia. APCO has the right to dismiss his FMLA claims as there is no evidence linking his termination to his 12 week FMLA vacation for a shoulder injury, and APCO provided a non-discriminatory reason for his termination – a series of letters from the Lineman and his wife contained harassing language and unfounded allegations – and he offered no evidence to provide an excuse, the court said. His ADA claim …

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