Where a defendant supervisor has moved to dismiss counts alleging retaliation and interference under the Family and Medical Leave Act, that motion should be denied because the complaint plausibly alleges that the supervisor exercised sufficient control over the plaintiff to be considered an employer.
“Plaintiff Randi Rousseau (‘Rousseau’) has sued Defendants Clark University (‘Clark’) and Laura A. Robinson (‘Robinson’) alleging retaliation against, and interference with her exercise of rights under the Family and Medical Leave Act (‘FMLA’), 29 U.S.C. §2601, et seq. (Counts I and II). Rousseau also alleged several state law claims against Clark, including under Mass. Gen. L. c. 175M, §§2(e), 9(a) (Counts III and IV) and c. 149 §§148C, 150 (Count V). … Robinson moves to dismiss Counts I and II. …
“Here, accepting all factual allegations as true and drawing all reasonable inferences in Rousseau’s favor, the complaint plausibly alleges that Robinson exercised sufficient control over Rousseau to be considered an employer. …
“Robinson argues that Rousseau fails to adequately plead causal connection between her use of FMLA leave and the adverse employment actions that she experienced. …
“The four-month gap between the Rousseau’s return to work and her June 2022 termination is longer than has alone supported a finding of retaliatory motive in some cases. … Such a gap, however, does not bar Rousseau’s FMLA claims and, in other cases, was factor supporting a...
Abbott Laboratories, the Illinois-based healthcare company that manufactures and sells infant formula and nutritional therapy products, has agreed to pay $384,999,040 to resolve allegations that i...