In Wysong v. The Dow Chemical Co., — F.3d —-, 2007 WL 2819880 (C.A.6 (Ohio)), 12 Wage & Hour Cas.2d (BNA) 1601, the Sixth Circuit further defined the fifth element of an FMLA interference claim, holding that a showing that the employer somehow unlawfully used FMLA leave against an employee would satisfy this element of [...]

In the case of Nocella v. Basement Experts of America, ___ F. Supp.2d ___, 2007 WL 1959214 (N.D. Ohio), Basement Experts of America went down the wrong path when it came to eliminating an employee’s position while she was on FMLA leave and even after her return from FMLA leave, resulting in its summary judgment [...]

excerpts - In Campbell v. Gambro Healthcare, Inc.C.A.10 (Kan.), 2007, the Tenth Circuit Court of Appeals permitted the use of an FMLA interference claim despite circumstances that would normally limit a plaintiff to pursuing an FMLA retaliation claim. Employer’s reliance on only events occurring before employee’s FMLA leave warranted interference claim.
The appeals court started [...]

Employee who suffered from intermittent depressive episodes which made it difficult for her to sleep, deal with people, and cope with work situations was fired from her job as a computer support specialist with county employer. During her 7 year employment period, employee received several negative performance evaluations concerning her interactions with others. [...]

Employee could not bring FMLA retaliation claim because her employer was not covered by the FMLA as it employed less than 50 employees - Humenny v. GENEX Corp. 6th Cir).