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

A federal district court denied SelecTrucks of America LLC summary judgment on a terminated general manager’s claim alleging she was placed on a performance improvement plan and later terminated in retaliation for taking intermittent leave for various health issues in violation of the Family and Medical Leave Act. The court found that the close proximity between her termination and return from FMLA leave establishes a prima facie case for retaliation because she was terminated on her first day back to work, suggesting the termination decision was made after she engaged in protected activity. Further, despite SelecTrucks’ claim that she was ...