No FMLA Retaliation Where Employer Can Show Employee Terminated for Improperly Accessing Supervisor’s Email

Posted on October 10, 2014

The decision of the United States District Court for the Western District of Virginia in the case of Downs v. Winchester Medical Center, et al., No. 5:13cv00083 regarding what constitutes a claim for interference in violation of the FMLA was the topic of a posting from a few months ago. The district court had found […]

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FMLA Interference v. Retaliation—No Interference Claim Where No Denial of FMLA Benefits

Posted on June 20, 2014

In the case of Downs v. Winchester Medical Center, et al., No. 5:13cv00083, the United States District Court for the Western District of Virginia addressed the question of what constitutes a claim for interference in violation of the FMLA.  The plaintiff in this case asserted claims of both interference and retaliation in violation of the […]

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