fifth Circ. Revives Clinic Supervisor’s Retaliation Declare

Law360 (Aug 16, 2021, 8:41 p.m. EDT) – The Fifth Circuit ruled Monday that a former dialysis clinic director may sue the clinic for dismissing her for taking sheltered leave, overturning a district court decision, and The clinic’s justification for giving her the boot remained unanswered.

The published opinion of the three judge panel overturned the district court’s summary judgment on the longstanding biomedical uses of retaliation made by Louisiana LLC employee Leisha Lindsey under the Family and Medical Leave Act.

The panel noted that two of the clinic’s reasons for resigning remained open questions: her presence and the fact that she was …

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