“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…