Lessons Learned From Cutcher V. Kmart

Law360, New York (February 23, 2010, 1:52 PM EST) -- Even in the face of an undisputed nationwide reduction-in-force, the Sixth Circuit Court of Appeals found that an issue of disputed fact existed as to whether Kmart Corp.’s termination of an hourly associate interfered with and was in retaliation for her recent exercise of her Family and Medical Leave Act rights.

Susan Cutcher had been employed by Kmart for about 20 years. In the four years she had been evaluated by her then supervisor, Cutcher had received either the highest or second-highest rating in Kmart’s appraisal...
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