Case: Wage & Hour/FMLA Retaliation (fifth Cir.)

Benefits & Executive Comp

August 12, 2021, 10:51 a.m.

A behavioral health company in Texas received a summary judgment on a program specialist claim that it fired her in retaliation for taking family and Medical Leave Act vacation to care for her daughter with special needs the Fifth Circuit. The close temporal proximity between her return from the FMLA vacation and her termination alone is not enough to justify an excuse, the court said, and the fact that the company is on record is available to her upon request and even if the law Providing accommodation you do not require weighs heavily against a conclusion …

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