Case Results

Hartzog, Jr. Obtains Defense Ruling for Client Facing Retaliation Claim

Dan Hartzog, Jr. obtained a defense ruling in an administrative hearing at the Office of Administrative Hearings (OAH). This case involved an employee fired for excessive phone and internet use. Plaintiff alleged that she was actually fired in retaliation for her use of FMLA leave, and due to a disability (cancer) known to her employer. Following a two day hearing at the OAH, the administrative law judge ruled that the employer had not retaliated against the plaintiff for taking FMLA leave, and it had just cause to terminate plaintiff‘s employment based on poor performance.

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