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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Employer-Employee: FMLA – COBRA – Notice

Employer-Employee: FMLA – COBRA – Notice

Where an employee sued his employer for alleged violations of the Family Medical Leave Act after he was fired for job abandonment, summary judgment for the employer on the plaintiff’s interference claim is affirmed because the plaintiff had a condition rendering him unable to work for substantially longer that the 12-week FMLA period, so he could not show prejudice from his firing date, and the district court properly concluded that the employer had sufficiently shown that the plaintiff was mailed notice of his termination of benefits in accordance with COBRA.

Judgment is affirmed.

Hearst v. Progressive Foam Technologies, Inc. (MLW No. 62300/Case No. 10-1253 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Wilson, J. (Robert Alston Newcomb, Little Rock, Arkansas, argued for appellant) (Ellen Owens Smith, Little Rock, Arkansas, argued for appellee; Daniel L. Herrington appeared on the brief).

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