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Proving wrongful termination under the FMLA – the 2nd Circuit has lowered the standard

July 28, 2017

In proving whether a Plaintiff was fired in retaliation for exercising their rights under the FMLA, the Second Circuit held a Plaintiff need only show that the exercise of FMLA rights need only be a “motivating factor” in the employer’s adverse employment action, not the “but for” higher causation standard.