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Employer’s mistaken belief of misuse of FMLA time was sufficient to defeat a FMLA retaliation claim.

October 1, 2017
Capps v. Mondelez Global, 847 F.3d 144 (3d Cir. 2017)

The plaintiff took intermittent FMLA leave due to a degenerative bone disease condition. During one of the plaintiff’s FMLA requested days off (which he requested due to pain), he was arrested and convicted of a DUI. The employer learned of the DUI and terminated the plaintiff due to a mistaken belief that he was misusing his FMLA time. The plaintiff filed the litigation alleging FMLA retaliation. The court dismissed the plaintiff’s claim, finding that the employer had a legitimate—albeit mistaken—belief that the plaintiff was misusing his FMLA time off.


Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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