Denny v. Union Pacific Railroad Company, No. 04-35490, Ninth Circuit Court of Appeals (March 9, 2006)
Articles Discussing Case:
Termination Justified In FMLA Leave Case (pdf).
Ogletree Deakins • May 11, 2006
The federal appellate court with jurisdiction
over Arizona employers recently
dismissed a lawsuit brought
by an employee who claimed that he
was terminated shortly after requesting
leave under the Family and Medical
Leave Act (FMLA). According to
the Ninth Circuit Court of Appeals,
the trial judge correctly concluded
that the employee’s request for medical
leave was not a factor in the termination
decision and that rather he
was fired for swearing and threatening
his supervisor.
