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 [...]