Dish Community Employee Scores FMLA Interference Win With out Trial

Benefits & Executive Comp

June 17, 2021, 8:41 pm

  • Leave of absence communicated during the discharge session
  • Control of the worker’s medical limitations, not the diagnosis

Dish Network LLC violated the Family and Medical Leave Act when it still decided to fire a customer service representative for attendance issues after saying she had been in the hospital and needed to return, the District of Arizona ruled.

Melin Flores issued a rare summary judgment on her FMLA interference claim because her testimony to executives during the December 21, 2018 session at which she was fired sufficiently informed the company of her possible need for an FMLA vacation, the court said .

Flores went to work that day after calling in sick for her last shift in December. …

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