Case: Wage & Hour/FMLA Retaliation (N.D. Tex.)

A fired registered nurse for Eminent Medical Center, LLC is entitled to a trial on her Family Medical Leave Act discrimination, retaliation and interference claims a federal district court in Texas ruled. Evidence that the surgical center’s warned, demoted and reprimanded the nurse based on her unprofessional conduct and tardiness was a legitimate, nondiscriminatory reasons for termination, the court said. However, a chief executive officer’s allegedly hostile remarks in close proximity to her dismissal raise a genuine dispute of material fact as to whether her attempt to exercise her FMLA rights was a motivating factor in the termination decision. Another ...