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

Oct. 12, 2021, 7:17 PM

A former forklift driver isn’t entitled to a trial on his claim that he was discharged in retaliation for requesting paperwork to seek intermittent leave under the Family and Medical Leave Act, rather than because of excessive, unexcused absenteeism, a federal court in Illinois ruled. The approximately three-week period between his request for the paperwork and his termination is insufficient, by itself, to show causation, the court said, noting that he never submitted the FMLA paperwork and he refused to provide a doctor’s note excusing one of his absences. He had three unexcused absences after being placed on a final ...

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