Judge Tena Campbell – Motion for Summary Judgment denied
JOHN C. WOOD, Plaintiff v. AT&T CORP., Defendant
Case No. 2:05 CV 131
2006 U.S. Dist. LEXIS 63885
September 6, 2006
Judge Tena Campbell
Plaintiff filed suit claiming that his former employer, AT&T Corp.: (1) did not grant him applicable leave under the Family Medical Leave Act (“FMLA”); and (2) alleges his employment was improperly terminated as a direct result of AT&T’s failure to grant him requested leave.
In denying the motion, the court states: “The parties dispute whether [Plaintiff] requested additional FMLA leave time, which possibly would have excused his otherwise unapproved absences. Further, it is not clear from the record whether AT&T would have imposed different performance criteria on [Plaintiff] if extended FMLA leave had been granted. Accordingly, AT&T has not established that it is entitled to summary judgment.”
Motion for summary judgment denied.