Atchison v. Sears

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding plaintiff’s interference claim fails because of evidence that employer made the decision to terminate the plaintiff weeks before he requested FMLA leave
• explaining that a plaintiff “cannot escape the McDonnell Douglas analysis to prove his case merely by affixing an ‘interference’ label to one of his duplicative claims.”
• ““[N]o FMLA violation occurs where an employer has already decided to terminate the employee before the employee requests FMLA leave.”
• plaintiffs “cannot escape the McDonnell Douglas analysis . . . merely by affixing an ‘interference’ label to one of [their] duplicative claims”
• “[C]ourts have found that a plaintiff cannot establish a causal link when the ‘decision’ to take adverse employment action occurred before plaintiff exercised his or her FMLA rights.” (collecting cases)
• “[C]ourts have found that a plaintiff cannot establish a [causal] link when the ‘decision’ to take adverse employment action occutred before plaintiff exercised his or her FMLA rights.” (emphasis added) (collecting cases)

Source: CourtListener parenthetical corpus (CC0).