· 5/21/1998
Hodgens v. General Dynamics Corp.
Citations
- 144 F.3d 151
- 1998 U.S. App. LEXIS 10279
- 73 Empl. Prac. Dec. (CCH) 45,412
- 1998 WL 248013
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where an employee takes FMLA leave and is terminated in a reduction in force, legitimate selection criteria presented by the employer will not insulate it from liability
- holding that where an employee takes FMLA leave and is terminated in a reduction in force, legitimate selection criteria presented by the employer will not insulate it from liability
- holding that a showing of incapacity of more than three consecutive days is sufficient to afford FMLA protection to etiologically related prior absences of shorter duration
- recognizing that “protected conduct closely followed by adverse action may justify an inference of retaliatory motive”
- holding that plaintiff sufficiently showed causal connection between his FMLA-leave and the adverse employment action because supervisor’s comments regarding taking time-off shortly after plaintiff took leave.
- recognizing that “protected conduct closely followed by adverse action may justify an inference of retaliatory motive” (quoting Marx v. Schnuck Mkts., Inc., 76 F.3d 324, 329 (10th Cir. 1996))
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Bownes, Stahl
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.