· 7/28/1997
Wardell Carter v. Ford Motor Co.
Citations
- 121 F.3d 1146
- 3 Wage & Hour Cas.2d (BNA) 1828
- 21 Employee Benefits Cas. (BNA) 1859
- 155 L.R.R.M. (BNA) 2914
- 1997 U.S. App. LEXIS 19200
- 71 Empl. Prac. Dec. (CCH) 44,837
- 1997 WL 416745
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an employee merely informing the employer that he would be out and did not know when he would return and offering no further information was not adequate notice under the FMLA
- concluding that the claim was preempted because “a determination on the merits . . . would require the court to determine whether [the plaintiff’s] discharge was warranted under the terms of the collective bargaining agreement”
- indicating that the plaintiff’s claims survived until summary judgment
- upholding grant of summary judgment where notice to employer of need for FMLA leave was neither adequate or timely
- finding notification that employee was “sick,” without more, is insufficient notice
- Section 301 of Labor Management Relations Act preempts state tort claims where resolution of the claim is “substantially dependent upon an analysis of the terms or provisions of a collective bargaining agreement.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beam, Friedman, Loken
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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