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· 7/19/2013

Tracy Walker v. Trinity Marine Products

Citations

  • 721 F.3d 542
  • 20 Wage & Hour Cas.2d (BNA) 1889
  • 2013 WL 3766810
  • 2013 U.S. App. LEXIS 14627

How courts have described this case

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

  • affirming dismissal of this claim because “if forced leave can amount to interference with a right provided under the FMLA, it can do so only if the employer’s action prevents the employee from using benefits to which she is entitled under the Act”
  • “This court has not addressed whether placing an employee involuntarily on FMLA leave is a form of interference made actionable by the statute.”
  • plaintiff invoking equitable estoppel must show she has changed position to her detriment in reasonable reliance on another’s misleading representation
  • “Though some federal statutes permit an employee who is ‘regarded as’ impaired by her employer to sue, see 42 U.S.C. § 12102, the FMLA makes no provision for claims based on an employer’s perception of its employee's health.”
  • “In our view, if forced leave can amount to interference with a right provided under the FMLA, it can do so only if the employer's action prevents the employee from using benefits to which she is entitled under the Act.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Murphy, Colloton

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.