· 1/7/2008
Staunch v. Continental Airlines, Inc.
Citations
- 511 F.3d 625
- 13 Wage & Hour Cas.2d (BNA) 175
- 2008 U.S. App. LEXIS 196
- 90 Empl. Prac. Dec. (CCH) 43,071
- 102 Fair Empl. Prac. Cas. (BNA) 820
- 2008 WL 60193
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because the evidence was clear that the plaintiff had not worked the 1,250 hours required to be an “eligible employee,” her FMLA claims failed as a matter of law
- explaining that an employee must be eligible for FMLA leave at the time of their leave request to state an FMLA claim
- stating that the FMLA “makes it unlawful for employers to . . . retaliate against employees who exercise” their FMLA rights
- concluding flight attendant asserting FMLA claim had not worked requisite hours “in the twelve months preceding her request for leave”
- explaining the fact that an employer gave a termination warning “is strong evidence that its final decision to terminate [plaintiff’s] employment” after another violation of company policy was not pretextual
- “As an initial matter, an FMLA claim cannot be maintained by a plaintiff who was not an ‘eligible employee’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Martin, Clay
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.