Timing is Everything When Defending a Retaliation Claim

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Miriam Valle worked as a ticket agent for Frank Martz Coach Company, until it fired her on Jan. 27, 2016.

Two weeks prior, she had advised her immediate supervisor, Edward Steltz, that she needed to apply for FMLA leave for breast cancer surgery. Martz approved the leave to begin on Jan. 19, and was scheduled to return to work on Jan. 25 following her surgery. Complications pushed that return dated back by four days. Before she could return, however, Martz fired her following an investigation into complaints by co-workers that she had made violent threats (allegations which Valle denied).

In Valle

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