· 6/2/1999
Winifred Browning v. Liberty Mutual Insurance Company
Citations
- 178 F.3d 1043
- 5 Wage & Hour Cas.2d (BNA) 552
- 9 Am. Disabilities Cas. (BNA) 730
- 1999 U.S. App. LEXIS 11247
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the first prong of the test was established by virtue of the plaintiff previously holding the position
- holding that ADA did not protect presumptively disabled employee while recovering from surgery but \ prior to the point in her recovery when she could once again perform the essential functions of her job\
- stating that employers are not expected to “predict the degree of success of an employee’s recovery from an illness or injury”
- explaining that an employee was not a qualified individ- ual because she could not work her full-time job at the time of his termination
- observing that an employer's duties are triggered under the FMLA when an employee provides information sufficient to put the employer on notice of the need for FMLA leave
- declining to address disability and discrimination elements because plaintiff “failed to establish that she was a qualified individual under the ADA at the time of her termination” in wrongful termination case
Source: CourtListener parenthetical corpus (CC0).
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.