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Degraw v. Exide Technologies (D. Kansas 2010)

Articles Discussing Case:

Conflicting Fitness for Duty Reports Preclude Retaliation Claim

Franczek Radelet P.C • October 22, 2010
What should an employer do when an employee's doctor releases him to return to work, but its own doctor says that the employee cannot safely return? A federal district court in Kansas recently addressed this issue, holding that an employer's reliance upon its own doctor's opinion that an employee could not return to work was a legitimate basis for discharging the employee after he had exhausted all of his available FMLA leave.