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FMLA, RETALIATION, AND LAWSUITS

Posted by Kashif Haque | Mar 26, 2015 | 0 Comments

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Ronald Rice was excited to share the news of his wife's pregnancy with his co-workers and employer in January 2012. Within days of his announcement, however, his work relationship turned sour.

Suddenly, Rice was assigned a multitude of extra duties that were outside his job description. He endured the extra workload for six months until his wife's pregnancy took a difficult turn. In order to take care of his wife who now had more doctor's appointments to attend and had severe morning sickness, Rice requested to take five days of vacation time. Two of those days were denied, so Rice put in an FMLA request for those days, three days after his vacation request. The employer swiftly terminated Rice.

Rice then sued the company for interfering with his FMLA rights. The district court decided that there was enough evidence to conclude that the employer had terminated Rice due to his association with his pregnant wife and discriminated against him for trying to take an FMLA leave. The employer's defense hinged on the testimony of managers who claimed the executor of the termination was not aware of Rice's request. The court, however, found that there was no plan to terminate Rice previous to his FMLA request, and therefore concluded that the sole reason for termination was borne out of retaliation.

Source: Rice v. Kellermeyer Co. (Ohio 2014)

About the Author

Kashif Haque

Kashif Haque is a trial attorney and one of the founding attorneys of Aegis Law Firm. He served as the 2015 Chairman of the Orange County Bar Association—Labor and Employment Section. Mr. Haque has obtained millions of dollars on behalf of his clients through trial, arbitration and settlement. A...

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