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· 10/1/2007

Wysong v. Dow Chemical Co.

Citations

  • 503 F.3d 441
  • 12 Wage & Hour Cas.2d (BNA) 1601
  • 2007 U.S. App. LEXIS 22975
  • 2007 WL 2819880

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 “involuntary leave” interference claim “ripens only when and if the employee seeks FMLA leave at a later date, and such leave is not available because the [employer] wrongfully forced [the employee] to use FMLA leave in the past”
  • reasoning that (a)(1)’s “prohibition [against interfering, restraining, or denying the exercise of or attempted exercise of any FMLA right] includes retaliatory discharge for taking leave”
  • noting that “[a]n involuntary[ ]leave claim,” alleging that an “employer forces an employee to take FMLA leave,” is “really a type of interference claim”
  • stating that “[a]n involuntary-leave claim is really a type of interference claim”
  • describing how employer's actions \set in motion an unbroken chain of events\ that culminated in retaliatory discharge
  • reciting elements of FMLA interference claim (quoting Cavin v. Honda of Am. Mfg., Inc., 346 F.3d 713, 719 (6th Cir. 2003))

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt and Moore, Circuit Judges Collier, Chief District Judge

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.