Prima facia showing of FMLA retaliation claim may be shown by temporal proximity.

Following an extended period of performance problems, the plaintiff took an approved FMLA leave for a back injury. On the first day back from the FMLA leave, the plaintiff was terminated. In denying the defendant's motion for summary judgment, District Judge Chesler concluded that the temporal proximity between the leave and the employment action was sufficient to establish causation at the prima facia stage of the summary judgment motion and that issues of fact existed concerning the actual reason for the termination.

Case Law Alert - 2nd Qtr 2012