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Tag Archives: FMLA

Labor & Employment – FMLA – Disability Discrimination – Tort/Negligence – Public Policy – Emotional Distress (access required)

Satterwhite v. Wal-Mart Stores East, L.P. N.C. courts have not recognized a public policy exception to the at-will employment rule based on a violation of the Family and Medical Leave Act. Plaintiff has failed to state a claim for wrongful discharge in violation of public policy.

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Labor & Employment – FMLA – Retaliation – Termination — Insubordination (access required)

Norman v. Beasley Mezzanine Holdings, LLC Although defendants contend plaintiff was fired after taking a day of FMLA leave because of her declining performance, persistent tardiness, and insubordination, plaintiff points out that she had just received a laudatory performance evaluation, she had already exceeded her April sales goal when she was fired on April 12, and her insubordinate act - requesting a tape recorder or an attorney during a meeting - was in keeping with the Family Medical Leave Act’s requirement that disputes between employers and employees over qualifying FMLA leave should be documented.

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