“While it is true that Chevron disciplined Ion for his absences and poor performance prior to his application for FMLA leave, it is also true that Chevron’s disciplinary response for these actions had already been determined. Chevron’s claim that it would have fired him based on his absences and poor performance is disingenuous and contradicted by the evidence.”
Ion v. Chevron USA, Inc., 731 F.3d 379, 392 (5th Cir. September 26, 2013) (Guirola, Jr., J.).