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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.