Evidence that a plaintiff worked offsite and from home via telecommunication to the employer’s corporate office which has more than 50 employees raises a genuine dispute of material fact as to whether she is an eligible employee under the Family and Medical Leave Act.

By Jon Harsley on August 2, 2016

“The plaintiff attested that, as a Technical Support Specialist, she worked offsite and from home through telecommunication and reported to the Tampa, Florida corporate office, which has more than 50 employees . . . . Here, the plaintiff provides sufficient evidence to support her claim that she is an eligible employee under the FMLA. Because the plaintiff has shown that there is a genuine dispute concerning a material fact with respect to her eligible employment status, the Court finds summary judgment dismissing her FMLA claim inappropriate.” 2016 WL 3275437, at *6. (citations omitted).

Donahoe-Bohne v. Brinkmann Instruments, No. 16-2766, 2016 WL 3275437 (E.D. La. June 15, 2016).

Texas Employment Lawyer

Evidence that a plaintiff worked offsite and from home via telecommunication to the employer’s corporate office which has more than 50 employees raises a genuine dispute of material fact as to whether she is an eligible employee under the Family and Medical Leave Act.

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