5th Circ. Pulls Plug On Fired Utility Worker's FMLA Suit

Law360 (October 20, 2020, 5:00 PM EDT) -- The Fifth Circuit upheld Direct Energy's win in a lawsuit brought by a worker who said he was fired because he asked for time off, saying he hadn't done enough to short-circuit the company's assertion that he was canned due to poor performance.

On Monday, a three-judge panel affirmed a Texas federal court's decision to grant summary judgment to Direct Energy and toss former financial adviser John Park's suit, agreeing with the trial judge's assessment that miscommunications between Park and the company didn't amount to violations of the Family and Medical Leave Act.

The company said Park, who filed suit in...

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