No. 18-28

Robert J. Balding v. Sunbelt Steel Texas, Inc., et al.

Lower Court: Tenth Circuit
Docketed: 2018-07-05
Status: Denied
Type: Paid
Tags: ada-protections adverse-action americans-with-disabilities-act civil-rights due-process employment employment-discrimination family-and-medical-leave-act family-medical-leave-act fmla-rights pretext protected-leave retaliation workplace-retaliation
Key Terms:
Arbitration ERISA SocialSecurity DueProcess
Latest Conference: 2018-09-24
Question Presented (from Petition)

Whether an employer violates an employee's FMLA or ADA rights by interfering with, retaliating against, denying accommodations, and taking adverse action—including termination of the employee who is out on protected and approved leave—without any meaningful or fair investigation by the decision makers, and by asserting a pretext that it acted because it "sincerely believed" or "honestly believed," even if mistakenly, that the employee had engaged in alleged misconduct while out on leave, even when genuine disputes of material fact exist, and the pretext is discredited, proved to be an excuse unworthy of credence, and indeed false.

Question Presented (AI Summary)

Whether an employer violates an employee's FMLA-or-ADA-rights by interfering-with-retaliation-against-denying-accommodations-and-taking-adverse-action

Docket Entries

2018-10-01
Petition DENIED.
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-06-26
Petition for a writ of certiorari filed. (Response due August 6, 2018)

Attorneys

Robert J. Balding
Randy M. AndrusWells Fargo Center, Petitioner