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· 4/17/2008

Lewis v. School District 70

Citations

  • 523 F.3d 730
  • 13 Wage & Hour Cas.2d (BNA) 872
  • 2008 U.S. App. LEXIS 8248
  • 2008 WL 1745530

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that privileged statements cannot be considered in evaluating outrageousness of the defendant’s conduct
  • holding that jury could find that employer violated the FMLA if the employer “held [the employee] to the unrealistic expectation that she should accomplish satisfactorily all of the duties of [her] position during her period of FMLA-protected intermittent leave”
  • denying summary judgment in FMLA retaliation claim where plaintiff showed job performance unrelated to her absenteeism justi- fied her demotion
  • reversing summary judgment because employer expected employee to complete the duties of a full-time bookkeeper while on protected leave, and then fired her for failing to do so
  • reversing summary judgment because employer expected employee to complete the duties of a full-time bookkeeper while on protected leave, and then fired her for failing to do so
  • “We cannot subject employers to intentional infliction of emotional distress claims each time they decide to discharge an employee—even an employee with severe emotional problems—unless their conduct truly is egregious.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Ripple, Williams

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.