FMLA Trial Victory for Doerner Client
Interplastic Corporation, a specialty chemical company, was sued by a former employee for interference in violation of the Family and Medical Leave Act. The former employee was terminated under a no-fault point system in the collective bargaining agreement negotiated between Interplastic and the union. The former employee claimed the final one-half point was wrongfully assessed as the time away from work was protected under the FMLA because he was needed to care for his son who had a serious health condition. In fact, he had been certified for leave to care for his son's serious health condition previously. However, there was a question of fact as to what happened, and whether he was needed to care for his son, on the day the final half point was assessed. After the trial, the jury entered a verdict in favor of Interplastic and against the former employee. Congratulations to Interplastic Corporation as well as to Kristen Brightmire and Becky Bullard who tried the case.