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Wednesday, May 20, 2026

DISCRIMINATION—DISABILITY—N.D. Ala.: Quality manager, fired 10 days before scheduled surgery, advances claims - VitalLaw.com

A former coworker stated that during a discussion with upper management and executives, one executive stated the company needed to fire the employee before he died.

Denying an automotive parts manufacturer’s motion for summary judgment against the ADA discrimination and retaliation and FMLA interference and retaliation claims asserted by a former quality manager, a federal district court in Alabama found that the company’s asserted reason for terminating the employee—poor performance or discipline—despite the employee having a clean disciplinary record, when taken together with other pieces of evidence could lead a reasonable factfinder to conclude that this reason was pretextual. For similar reasons, the court found with regard to the FMLA interference claim that the record undermined the employer’s argument that the company would have terminated the employee based on performance regardless of his leave request. Further, the 10-day gap between the leave request and his termination could be retaliatory (Dyson v. Matsu Alabama, Inc., No. 5:22-cv-01383-MHH (N.D. Ala. Mar. 20, 2026)).

In 2015, the employee was hired as a quality engineer, eventually receiving a promotion to quality manager. Throughout his employment, he received “good” performance reviews and had no disciplinary history.

Termination. On August 6, 2021, the employee was informed he was being terminated. No reason was given for the termination, but his termination letter mentioned “poor performance or...



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