Case: Wage & Hour/FMLA Retaliation (S.D. W. Va.)

A West Virginia federal district court denied Fast Change Lube and Oil Inc.’s motion to dismiss claims of retaliation under the Family and Medical Leave Act, and disability discrimination and failure to provide an accommodation under the West Virginia Human Rights Act of a terminated employee who injured his foot while at work and alleged that he was retaliated against for taking FMLA leave. He may proceed with his retaliation claim because the termination occurred proximate enough in time to when he took FMLA leave, the court said. Additionally, the court found that he established his discrimination claim because sufficient ...