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Immediate Termination Upon Return from FMLA Leave Suggests Retaliation

January 4, 2022


Evidence that an employee was asked several times to work during protected leave and was discharged immediately upon his return from leave was sufficient to overcome the employer’s motion for summary judgment on interference and retaliation claims under the Family and Medical Leave Act (FMLA), according to a federal trial court in Georgia.

The plaintiff was employed by Elixir Door and Metals Co. as an account manager from April 2018 until his termination in August 2019. In May 2019, his wife and daughters suffered extensive injuries in a car accident. The plaintiff was granted FMLA leave to care for them through Aug. 20, 2019.

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