FMLA Interference: Court Finds Defendants’ Motion to Dismiss to Be Premature

In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School Board and individual defendants, finding that discovery was necessary to determine whether outreach to the plaintiff office manager while she was on leave under the Family and Medical Leave (FMLA) constituted more than de minimis contact. The court differentiated Antekeier...
By: Ogletree, Deakins, Nash, Smoak & Stewart,