In February of 2014, the United States District Court for the Eastern District of Kentucky decided a case that involved a Kentucky Family and Medical Leave Act (FMLA) Discrimination, Parks v. UPS Supply Chain, 2014 WL 414230 (E.D. Ky. 2014)). The defendant’s Kentucky FMLA lawyer filed a motion for summary judgment arguing that the plaintiff failed to establish a prima facie case of FMLA interference or retaliation because he did not demonstrate that there was a causal connection between his use of FMLA leave and his termination. Id.
The Kentucky FMLA discriminated against plaintiff began working for the defendant in 1999. He was hired as a material handler. Between 2002 and 2009 the defendant wrote up the Kentucky FMLA plaintiff 15 times. Further, while working for the defendant, the plaintiff did take off time during his employment for injuries he had while working for the defendant. Id. The Kentucky FMLA plaintiff admitted that the defendant never interfered with him taking leave on these occasions. Id.
In 2009, plaintiff began to suffer severe neck pain. He applied and received FMLA. He was approved for FMLA intermittent leave. In may of 2010 plaintiff received a verbal warning and then a few days later a first written warning. Then a few months later he received a seconds written performance warning. In May of 2011 he received a third written performance warning for putting six boxes away upside down. Then one week later, the Kentucky FMLA plaintiff earned a final written performance warning. After his supervisors conferred, it was decided to terminate the plaintiff for employment performance reasons. Id.
The court reviewed all information and the standards of law applicable in this Kentucky FMLA discrimination case. The court denied defendant’s motion for summary judgment as it applied to plaintiff’s allegations of FMLA discrimination under the interference theory. It then looked at the retaliation theory. Under that theory the court also granted the defendant’s motion for summary judgment as well. Defendant maintains that the plaintiff was discharged for poor performance and that the plaintiff could not rebut that inference. Id.
There were also allegations of common law retaliation and ADA/KCRA failure to accommodate which the court as to the common law retaliation granted dismissal but as to the ADA/KCRA failure to accommodate denied the motion for summary judgment.
If you have been the subject of a Kentucky Family and Medical Leave Act (FMLA) Discrimination Case, please call and speak to a Kentucky Family and Medical Leave Act (FMLA) Discrimination 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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