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Retaliation Claims over Need for Future FMLA Leave Sent to Jury

April 7, 2021


Retaliation claims brought by an employee who alleged she was fired after telling her employer of her need for future leave under the Family and Medical Leave Act (FMLA) and for refusing to sign a performance memo she believed precluded her from asking for FMLA leave present questions of fact that must be heard by a jury, the 11th U.S. Circuit Court of Appeals ruled.

The plaintiff worked as an executive leasing assistant at a real estate management company from 2005 to 2013, providing assistance to two vice presidents. She was disciplined for tardiness in January 2010. In 2011, the plaintiff began experiencing chronic health issues.

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