3rd Circ. Revives Firing Suit Against Rehab Center Operator

Law360 (August 22, 2019, 5:20 PM EDT) -- The Third Circuit on Thursday revived a suit accusing a rehabilitation center operator of firing a worker because he took leave to treat a sudden heart condition, citing the company's inability to keep its story straight about why it let him go.

The unanimous, three-judge panel said Select Medical Corp.'s shifting answers as to how and why it fired worker Frederick Cullen were suspicious, even if evidence shows the company kicked around the idea of cutting him loose before he got sick.

"Select Medical's explanation may have been pretextual and a jury should have been permitted to consider whether Cullen's firing...

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