Sunday, May 31, 2009
Employee Denied Injunction In FMLA Case Even Though He Established Probability Of Sucess On The Merits
Cantrall v Zeon Chemicals, LP, ___F.Supp.2d____(W.D. Ky. April 23, 2009), demonstrates how difficult it is to get an injunction ordering reinstatement pending a resolution of an employment dispute. A federal district court declined to issue a preliminary injunction prohibiting an employer from improperly using its attendance program to terminate an employee who was a plaintiff in ongoing FMLA litigation, rejecting the employee’s contention that an injunction is necessary to prevent the possibility of his being unlawfully terminated prior to the trial date. The court found the employee will likely prevail on the merits of his claim—the employer had acted on “the questionable belief that it can end Plaintiff’s FMLA protections based upon a medical opinion that is later overruled by a third physician.” Nonetheless, the employee has an adequate remedy at law if his employer is found to have violated the Act.
Mitchell H. Rubinstein