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Employee Fired for Absenteeism after Missing Work to Care for Wife Could Advance FMLA Reprisal Claims Despite Never Requesting FMLA
January 21, 2013
Source: CCH Netnews
Denying the employer's motion to dismiss, the court held that to avoid an otherwise "perverse outcome," an FMLA reprisal claim may proceed where an employer is on notice of the employee's request for potentially FMLA-qualifying leave, even if the employee was unaware of the FMLA's application, provided that the employer had knowledge that the requested leave likely qualified for FMLA protection.
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