United States First Circuit

In this case, plaintiff-employee sued defendant-employer on grounds that his termination was retaliation for his having taken leave under the Family Medical Leave Act. Plaintiff, however, had been stealing time consistently for years by clocking out for lunch while still at work, and then, once back on the clock, leaving for a more leisurely lunch. Summary judgment in favor of defendant is affirmed, where: 1) plaintiff has not offered evidence of retaliatory animus on anyone's part sufficient to raise a disputed question of fact, or to defeat defendant's right to judgment as a matter of law; and 2) absent retaliatory animus, there can be no pretext.

Appellate Information

• Decided 01/26/2015
• Published 01/26/2015

Judges

• Thompson

Court

• United States First Circuit

Counsel