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Court allows wrongful discharge claim in FMLA case

Court allows wrongful discharge claim in FMLA case

Court allows wrongful discharge claim in FMLA case

What common law claims may be brought by an employee who claims retaliation under the Family Medical Leave Act and a state equivalent? A federal District Court in Oregon has allowed a plaintiff to bring a wrongful discharge claim, but has dismissed claims of reckless and intentional infliction of emotional distress. A nonprofit agency providing residential care to persons with developmental disabilities employed a woman in its supportive living department. She took family medical leave in 2008, but when she returned she was not reinstated in her job and her work hours were sharply reduced. She obtained a lawyer and ultimately settled the matter. She took a second protected leave related to...

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