· 6/24/2016
Schmidt, R. v. Leboon of C. Leboon
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff cannot present an interference claim where plaintiff engaged in work voluntarily while on leave
- recognizing that it would not be illegal to require an employee to answer “nondisruptive communications such as short phone calls” from the employer, but it might be illegal to require the employee “to complete work-related tasks or produce work product”
- noting that the direct evidence must show bias on the part of the decisionmaker that relates to the decisional process
- explaining that an employee is required to show the employer’s interference with FMLA rights prejudiced the employee
- noting that FMLA regulations “permit voluntary and uncoerced acceptance of work by employees on medical leave, so long as acceptance is not a condition of employment”
- noting “unresolved difference of opinion” in the Eighth Circuit as to whether a discrimination claim arises under § 2615(a)(1) or (a)(2)
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
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.