No ill intent defense fails in leave suit

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 13, 2020 3:26 PM

Updated January 14, 2020 8:50 AM

This is the second of a two-part column. The first part was published on Monday.Marsh USA argued it was entitled to summary judgment on Count 5 of Juanda Lynn Jordan’s Family and Medical Leave Act complaint — which alleged Marsh violated the FMLA’s anti-retaliation provision for exercising her right to medical leave — because it honestly (though perhaps mistakenly) believed she had failed to provide appropriate documentation for additional time off when it terminated her employment.Denying the …

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