Commonwealth v. Dunbar, C.

How courts have described this case

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

• concluding that defendant was FMLA employer under same test when he participated in joint decision to terminate employee
• holding that factors for determining individual liability under the FMLA “include whether the alleged employer (1) had the power to hire and fire the employees, (2) supervised and controlled employee work schedules or conditions of employment, (3
• observing that several circuits have adopted an “economic reality test” for evaluating an individual supervisor’s potential liability under FMLA
• requiring that plaintiff have suffered an “adverse employment action . . . under circumstances raising a reasonable inference that the disability of the relative or associate was a determining factor in the employer’s decision.”
• concluding rational trier of fact could find director of human resources was employer under the FMLA because she played an important role in decision to fire plaintiff and exercised control over plaintiff’s schedule and conditions of employment
• finding that plaintiff’s FMLA interference claim survives a motion for summary judgment where the plaintiff has demonstrated that she was entitled to take leave, that she attempted to take leave, and that her employer refused to approve that leave

Source: CourtListener parenthetical corpus (CC0).