A Wisconsin-based optical company failed to shake an ex-worker’s FMLA interference and retaliation claims after a federal judge said a jury should make that determination after hearing from both sides.
Determining which party is correct would require a credibility determination that the US District Court for the Eastern District of Wisconsin said it can’t make at summary judgment. The timing between the worker’s FMLA request and her termination, coupled with text messages and inconsistent statements from other employees, was sufficient for a jury to conclude she was fired for making the ask, Judge Brett H. Ludwig said.
LBC Optics, where ...
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