By Joshua A. Rodine and Katie Farr
Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the burden-shifting framework. The Eleventh Circuit’s decision acknowledges that it potentially creates a Circuit split over the threshold a plaintiff must meet
Continue Reading Eleventh Circuit Holds FMLA Retaliation Requires “But-for” ShowingBy Hillary J. Massey and Craig B. Simonsen
Seyfarth Synopsis: While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging. The timing of the termination alone can support causation, and even a well thought out and justified termination may raise issues of fact that would prevent quick resolution in court.
Continue Reading 11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave