Failure to Return Employee Calls Sufficient for Retaliation Case
An assistant manager’s refusal to return the calls of an employee out on medical leave is sufficient to support a case of retaliation under the Family Medical Leave Act (FMLA). In the case, an employee out on FMLA leave put in weekly calls to her assistant manager to provide an update. The manager never returned the calls and the employee was fired for not returning to work as agreed. The district court found that the failure to return calls indicated an “antagonistic attitude.”