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Burciaga v. Ravago Americas, LLC, 8th Circ., No. 14-3020, July 2, 2015

Articles Discussing Case:

Requesting FMLA leave does not give an employee greater protection against firing for reasons unrelated to FMLA.

Ogletree Deakins • July 13, 2015
The 8th U.S. Circuit Court of Appeals has determined that a customer service representative who was fired for performance issues during the same period of time in which she requested leave under the Family and Medical Leave Act (FMLA) to care for her child could not support her FMLA discrimination claim. Burciaga v. Ravago Americas, LLC, 8th Circ., No. 14-3020, July 2, 2015. The court’s dismissal of the claim was based on the fact that the employee was unable to show that the reason set forth by the company for her discharge — multiple shipping errors within a 17 day period – was a pretext for discriminatory treatment based on her request for leave.