In May of 2014, the United States Court of Appeals for the Sixth Circuit, heard a case involving a former employee who sued for FMLA, ADA and ADEA discrimination. (See Schrack v. R+L Carriers, Inc., 2014 WL 17171021 (6th Cir 2014)). At trial the plaintiff lost and is now appealing. He is appealing the jury verdict against him on the FMLA retaliation and disability discrimination claims, and the summary judgment order on his FMLA interference claim and age discrimination claims. Id.
Plaintiff was hired by the defendant in 2007 when he was 55 years old as a Security Installation Technician. Id. In 2008, the plaintiff began experiencing symptoms of grogginess and fatigue. Id. On one job he was discovered sleeping on a couch of a client’s home. Id. Eventually he began treatment for narcolepsy.
In May of 2009, the defendant terminated 68 of its employees. It had conducted a legitimate reduction in force move to its company. The plaintiff was terminated as a part of it. the court thus dismissed the age discrimination and interference with FMLA rights claim. But, it allowed the retaliatory firing and discriminatory discharge on account of his disability claims to go forward.
The court at this time looked at two things. If the FMLA interference claim was dismissed appropriately, and a witness testimony issue. As to the former, the court founds that the lower court did dismiss that count correctly. As to the latter, the court also found that the district court did not abuse its discretion in not allowing certain testimony in. Issues of relevance and character evidence were at hand that this court had to review. The court looked at “other acts” testimony in this employment discrimination case. In the end, it held that the district court did not abuse its discretion in excluding certain testimony in this Kentucky FMLA, ADA and ADEA discrimination case.
If you have been the subject of a Kentucky FMLA, ADA and ADEA Termination Case, please call and speak to a Kentucky FMLA, ADA and ADEA Termination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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