On August 13, 2014, Chief Judge Michael J. Davis of the U.S. District Court for the District of Minnesota granted a motion for summary judgment brought by Larson King attorneys David M. Wilk and David P. McKinney. In that case the plaintiff alleged FMLA retaliation and FMLA interference. Her employment was terminated during an FMLA leave.
The Court rejected the plaintiff’s assertion that a causal connection existed between her FMLA-protected leave and the termination of her employment. It also rejected the notion that the employer was precluded from terminating the plaintiff during her leave: “Plaintiff should not be shielded from wrongdoing simply because she was on FMLA leave.”
A copy of the Court’s Memorandum Opinion and Order is available here.