“To prevail on her claim of interference and restraint, Plaintiff need only prove that the exercise of her rights under the FMLA was at least part of the reason for her discharge.”
FMLA violations occur when an employer is motivated, at least in part, by the employee’s exercise of her rights under the FMLA. Other factors may have influenced the termination but FMLA activity need only be a factor and the sole factor in the termination decision by the employer.
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- FMLA Law News Update Jan 3, 2009
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My tenure was denied due to excessive absences. I had an approved FMLA absence 3 week long. The only reason for my tenure denial was my absences. My evaluations were very good.