• Employer’s Mistaken Belief of Misuse of FMLA Time Was Sufficient to Defeat a FMLA Retaliation Claim.
  • October 9, 2017
  • The plaintiff took intermittent FMLA leave due to a degenerative bone disease condition. During one of the plaintiff’s FMLA requested days off (which he requested due to pain), he was arrested and convicted of a DUI. The employer learned of the DUI and terminated the plaintiff due to a mistaken belief that he was misusing his FMLA time. The plaintiff filed the litigation alleging FMLA retaliation. The court dismissed the plaintiff’s claim, finding that the employer had a legitimate—albeit mistaken—belief that the plaintiff was misusing his FMLA time off.