Marsh v. GGB, LLC, 2020 U.S. Dist. Lexis 71518 (D.N.J. Apr. 23, 2020)

Plaintiff cannot state an “interference” claim under FMLA based on actions taken after he has exhausted his FMLA entitlement.

The plaintiff requested and received FMLA benefits. After exhausting his FMLA leave, he had certain unexcused absences which led to his termination. In dismissing the FMLA interference claim, District Judge Hillman held that no legal claim existed since “essentially, Plaintiff sought to draw from a dry well, rendering his leave unprotected.”

 

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