Who do you believe should prevail in this lawsuit

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Reference no: EM133369740

Assignment:

The Family Medical Leave Act (FMLA) (page 580 of the book) provides that an employee may take up to 12 weeks of unpaid leave of absence from his/her job for a serious health condition that renders the employee unable to perform any of the essential functions of his or her job.

An employee sued his former employer after he was fired for taking a vacation to Mexico while he was on a medical leave of absence under the FMLA regarding a knee injury. Upon the employee returning to work from the vacation, the company fired the employee from the company. The employee filed a lawsuit against the company claiming the company retaliated against him in violation of the FMLA.

Who do you believe should prevail in this lawsuit and why? Does your answer change if the employee sought medical treatment for his knee while he was on vacation in Mexico?

Reference no: EM133369740

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