Employee who was laid off by Banyan Air Services, Inc., brought action alleging that her lay off was a termination resulting from her taking FMLA leave. 11th Circuit Court of Appeals reviewed her evidence of pretext: that Banyan (i) misrepresented to the EEOC that certain employees had been laid off when they actually were terminated; [...]
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Plaintiff fails to prove pretext in FMLA case
Posted by fmlalaw in February 6th, 2008
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Posted in: FMLA cases, pretext
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