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· 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 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.