Texas Supreme Court says neutral leave policy OK — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Texas Supreme Court says neutral leave policy OK

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in FMLA Guidelines,Human Resources

by Tiffany L. Cox, Esq., Ogletree Deakins, San Antonio

The Texas Supreme Court has vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer.

The Supreme Court found that the employee had not presented evidence that his termination had resulted from anything other than the uniform enforcement of a neutral absence control policy.

The court found that plaintiff Jorge Melendez had failed to present any evidence to support his allegations that the absence policy of his former employer, Kings Aire, had not been uniformly enforced, that his discharge had not been required by such uniform enforcement, or that Kings Aire’s stated reason for discharging Melendez was false.

The case is Kings Aire v. Melendez, (No. 14-006, Texas Supreme Court, 2015).

Injury, FMLA and workers’ comp

Melendez suffered an on-the-job injury on July 2, 2009. Kings Aire ...(register to read more)

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