Daily Labor Report®

Case: Wage & Hour/FMLA Retaliation (W.D. Tex.)

April 8, 2020, 7:02 PM

A director of benefits for a Texas school district may proceed with her claim that the district fired her in retaliation for taking leave under the Family and Medical Leave Act, instead of for performance-related issues. Although the district claimed that it didn’t make the firing decision until she returned from FMLA leave and was given a chance to explain her performance deficiencies, her allegations that she was never actually given the opportunity to provide an explanation before she was fired and that it posted her position as vacant while she was still on leave could show that it acted...

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