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· 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 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.