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Kinney v. Holiday Companies (9th Cir. 2010)

Articles Discussing Case:

Knowledge of Employee's Cancer and Discussion of FMLA Enough to Support Discharge Claim.

Franczek Radelet P.C • October 14, 2010
According to a recent ruling by the 9th Circuit Court of Appeals, an employee may have a valid wrongful discharge claim under the FMLA even if she fails to actually request FMLA leave, based upon evidence that her employer was aware that she had cancer and discussed whether she had taken FMLA leave shortly before her termination.