Case: FMLA/Retaliation (S.D.N.Y.)

An employee may proceed with her claim that Nike in New York fired her in retaliation for taking leave under the Family and Medical Leave Act, rather than for performance-related issues and failing to respectfully discuss those issues or take accountability for them. Her allegations that one of the decisionmakers expressed disappointment in her taking FMLA leave as well as made a reference in the termination letter which implied that she chose to leave a meeting in Oregon early to avoid conversations with supervisors, even though the decisionmaker knew she left to take FMLA leave, could show that her FMLA ...