· 4/6/2010
Ellen Schaaf v. SmithKline Beecham Corporation
Citations
- 602 F. Supp. 3d 1236
- 602 F.3d 1236
- 15 Wage & Hour Cas.2d (BNA) 1857
- 76 Fed. R. Serv. 3d 799
- 2010 U.S. App. LEXIS 7074
- 93 Empl. Prac. Dec. (CCH) 43,856
- 2010 WL 1286781
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a deficient employee cannot protect herself from an adverse employment action by preemptively seeking FMLA leave right before being fired
- reasoning that employer’s decision to fire plaintiff after first proposing reinstatement was not a sign of pretext because plaintiffs poor performance motivated both decisions
- explaining that, for an employer to be held liable for FMLA interference, the request for leave must have been the proximate cause of the termination
- stating that an FMLA plaintiff “made a prima facie showing of an FMLA interference claim, in that she demonstrated she was not reinstated” to her former position
- explaining that, for an employer to be held liable for FMLA interference, the plaintiff’s exercise of her FMLA rights must have been the proximate cause of the interference
- permitting plaintiff to proceed pseudonymously despite the plaintiff's failure to 5 file a motion which would have allowed defendant to object on the record
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Birch, Black
Read full opinion on CourtListenerSourced 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.