On April 21, 2015, the United States Court of Appeals for the Sixth Circuit heard a case involving a complaint that alleged a 1983 action, FMLA interference and retaliation, and gender discrimination. (See Curry v. Brown, 2015 WL 1783800 (6th Cir.2015)). This case was about a former employee for the Boone County Clerk’s Office who began working there in 1999. She was unfortunately diagnosed with breast cancer and underwent a double mastectomy in 2010. Id.
She eventually went on FMLA. Then in 201 Mr. Brown was elected Boone County Clerk. Id. In 2011 plaintiff was demoted from supervisor and transferred to a different office. Id. He said it was to help her concentrate on recovery from her illness. Id. Then there was an issue as to where the plaintiff lived and when it was found out she lived in a different county from where she voted, she was terminated on February 10, 2011. Id. She was indicted and plead gulty on March 30, 2011 and referred to a felony diversion program. Id.
On June 25, 2012 plaintiff filed the instant suit by her Louisville Family and Medical Leave Act Lawyer. She put in her FMLA complaint that other people voted in different counties and that she was treated differently and should not have been terminated.
The Court first looked at her FMLA claims. Her Louisville Family and Medical Leave Act Lawyer argued that the defendant interfered with her FMLA and retaliated against her. This court decided that the FMLA interference was not interference in that she was transferred to get better and not because of her medical condition. The statement by the defendant was not direct evidence of FMLA discrimination and thus that count was dismissed. Id.
Next, the Louisville Family and Medical Leave Act Lawyer tried to argue that the two other people who voted outside of their county were similarly situated to the plaintiff. Id. The court held that the plaintiff could not show pretext in that the defendant had an honest belief in its proffered reasons for terminating the plaintiff, that is, that she voted in the wrong county. The court found that the similarly situated argument was not relevant. Id. Defendant’s Louisville Family and Medical Leave Act Lawyer won these arguments and accordingly the case was dismissed.
If you have been the subject of a Louisville Family and Medical Leave Act Lawyer case, please call and speak to a Louisville Family and Medical Leave Act 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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