“Here, Ion has offered an e-mail written by General Manager Melcher, in which Melcher references Ion’s attempt to exercise his FMLA rights and asks Ion’s supervisor, Ogborn, for ‘options.’ The temporal proximity between when the e-mail was sent, when Peel came forward with Ion’s alleged statements, when Ion was asked to come to the clinic
FMLA violations
Evidence of discipline for prior poor performance and absences does not establish that a subsequent termination would have occurred.
By Colin W. Walsh on
Posted in FMLA violations
“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…
Email from supervisor about employee playing games with FMLA leave is evidence that FMLA leave was factor in termination.
By Colin W. Walsh on
Posted in FMLA violations
“Drawing all reasonable inferences in favor of Ion, this e-mail serves as evidence that General Manager Chris Melcher was upset that Ion was seeking FMLA-qualified time off. Further, a jury could reasonably conclude that Melcher was attempting to stop Ion from taking FMLA leave or punish him for taking FMLA leave. Therefore, this evidence is…
Statement in termination letter about not returning to work creates fact issue as to whether FMLA absence was a factor in termination.
By Colin W. Walsh on
Posted in FMLA violations
“The district court held that ‘a reasonable jury could conclude that this mention of Ion’s absence from work, in the litany of other complaints about his actions, showed that Chevron considered FMLA protected leave in terminating him.’ We agree with the district court. Drawing all reasonable inferences in favor of the nonmoving party, a reasonable…
Statement in termination letter about not returning to work creates fact issue as to whether FMLA absence was a factor in termination.
By Colin W. Walsh on
Posted in FMLA violations
RULE: Statement in termination letter about not returning to work creates fact issue as to whether FMLA absence was a factor in termination.
“Second, Ion argues that Ogborn’s statement in the termination letter, ‘[y]ou haven’t returned to work since your suspension,’ indicates that his FMLA-related absence was a reason for his termination. Chevron argues that…