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Hearst v Progressive Foam Technologies, Inc., 8th Cir., No. 10-1253, June 8, 2011.

Articles Discussing Case:

Plaintiff must demonstrate prejudice in order to be entitled to relief under the FMLA.

Ogletree Deakins • July 05, 2011
The 8th U.S. Circuit Court of Appeals has upheld an employee’s termination for job abandonment, in spite of the fact that the employee argued that he was on FMLA leave at the time of his termination. The court based that holding on the fact that the employee was unable to return to work at the conclusion of his medical leave, and that he therefore was unable to show that his termination prejudiced his rights under the FMLA.