· 4/13/2004
Richard Conoshenti v. Public Service Electric & Gas Company
Citations
- 364 F.3d 135
- 9 Wage & Hour Cas.2d (BNA) 929
- 15 Am. Disabilities Cas. (BNA) 797
- 2004 U.S. App. LEXIS 7152
- 85 Empl. Prac. Dec. (CCH) 41,654
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an employer’s termination of a former employee is protected when the employer successfully demonstrates independent, preexisting grounds for the termination
- recognizing that a period of leave can be a reasonable accommodation when it \would enable the employee to perform his essential job functions in the near future\
- holding that a request for medical leave is a protected activity under the ADA
- holding that employee who exceeded FMLA leave “was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the FMLA.”
- noting that there is no right to reinstatement under the FMLA if the adverse employment decision occurs for a reason unrelated to the leave
- noting that the defendant did not contest that the plaintiff supplied direct evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Nygaard, Fuentes, Stapleton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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