United States Third Circuit

Summary judgment in favor of defendant-employer on plaintiff's claims of interference with the exercise of her rights under the Family and Medical Leave Act (FMLA) and retaliation for her exercise of those rights is reversed and remanded, where: 1) evidence sufficient to nullify the presumption of receipt under the mailbox rule may consist solely of the addressee’s positive denial of receipt, creating an issue of fact for the jury; 2) plaintiff's denial of receipt of the FMLA Letter from defendant is enough to create a genuine issue of material fact that must be resolved by a factfinder; and 3) genuine issues of fact remain as to plaintiff's FMLA interference and retaliation claims.

Appellate Information

• Decided 08/05/2014
• Published 08/05/2014

Judges

• McKEE

Court

• United States Third Circuit

Counsel