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Employee Fails to Prove Termination Was Pretextual

March 23, 2022

Via: SHRM

The 10th U.S. Circuit Court of Appeals upheld a lower court’s dismissal of an employee’s claims under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act, providing a number of steps an employer can take to support termination.

An employee was fired shortly after returning from FMLA leave. She then sued her former employer for retaliation and discrimination. The lower court granted summary judgment for the employer because the employee failed to demonstrate that the reason for her termination was a pretext. The 10th Circuit upheld that decision.

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