Katie Weaver Hartzog and Michael Cohen Prevail at the Fourth Circuit on Plaintiff’s FMLA Claims
The Fourth Circuit recently affirmed summary judgment on behalf of a municipality on plaintiff’s claims of FMLA retaliation and interference. Plaintiff claimed he was wrongfully terminated after he was caught attending the NC State Fair during working hours while claiming to be using sick leave. Plaintiff claimed his attendance at the State Fair should have been counted as FMLA leave. Plaintiff claimed he attended the State Fair to pick up a sandwich for his mother, who was recovering from surgery in a rehabilitation center. Plaintiff’s employment was terminated for violating the Town’s policy on use of sick leave. The Eastern District granted summary judgment in favor of the employer. The Plaintiff appealed to the Fourth Circuit, which affirmed the decision. Summary Judgment was finally affirmed after the Fourth Circuit denied Plaintiff’s request for rehearing en banc.