Flawed Documentation About Layoff Selections Works to Reverse Summary Judgment Victory For Employer
In another case in which better employer documentation could have made the difference, the U.S. Court of Appeals for the Sixth Circuit reversed earlier this month a district court's grant of summary judgment in favor of employer Kmart. Based largely upon contradictory and unclear documentation, the court found that Kmart’s former employee, Susan Cutcher, presented sufficient evidence to allow a reasonable juror to find that Kmart terminated Ms. Cutcher in retaliation for taking leave under the Family and Medical Leave Act.
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