· 4/27/2006
Edward Yashenko v. Harrah's Nc Casino Company, LLC
Citations
- 446 F.3d 541
- 11 Wage & Hour Cas.2d (BNA) 708
- 2006 U.S. App. LEXIS 10469
- 2006 WL 1098803
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff made a prima facie showing of retaliation based on the temporal proximity between his FMLA leave and termination
- holding that where employee was terminated due to a legitimate reason, he cannot show that he is entitled to reinstatement even if the employer otherwise interfered with his FMLA rights by denying leave
- holding that an employer does not interfere with the exercise of FMLA rights where it reorganizes during an employee’s leave and eliminates that employee’s position as a result of legitimate non-FMLA leave concerns
- holding that where employee was terminated due to a legitimate reason, he cannot 18 show that he is entitled to reinstatement even if the employer otherwise interfered with his FMLA rights by denying leave
- finding that taking FMLA leave constitutes protected activity for purposes of an FMLA retaliation claim
- stating that the FMLA provides a limited right to restoration to a prior employment position after taking qualifying leave
Source: CourtListener parenthetical corpus (CC0).
Judges: Motz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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