Michaels Stores Can't Shake Medical Leave Firing Suit

Law360, New York (November 30, 2012, 4:01 PM EST) -- A breast cancer survivor who claims Michaels Stores Inc. fired her after she applied for medical leave will be able to continue with her class action against the arts and crafts chain after a California federal judge on Thursday ruled the retailer had prematurely moved to toss the case.

U.S. District Judge Phyllis J. Hamilton denied Michaels' motion to dismiss a putative class action lodged by former store employee Irene Barreras, who claims the store violates California's Fair Employment and Housing Act by maintaining a companywide policy of refusing medical leave to employees who fail to meet certain criteria.

"Defendant's motion...

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