Tina Wallace v. FedEx Corporation

How courts have described this case

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

• holding that “[l]ater panels cannot simply choose to disregard” decisions by the motions panel
• recognizing enforceability of requirement that employer provide employee individualized notice of consequences of not returning medical certification form
• noting that, in some cases, “cause to dismiss the plaintiff before he requested leave” “would be enough to allow an employer to fire an employee despite the FMLA.”
• holding reasonable a jury’s finding that an employer failed to inform an employee of the consequences of not providing medical certification and that the employer thereby interfered with the em ployee’s FMLA rights when it terminated her for not producing a certification form
• noting that, even in an unpublished order on a mo- tion, a “clear error” is still entitled to deference and that “the proper course of action is to request panel rehearing or rehearing en banc,” not to relitigate the motion before the merits panel
• employer’s failure to provide FMLA-required notice of the consequences of failing to return medical-certification form was the proximate cause of employee’s termination

Source: CourtListener parenthetical corpus (CC0).