By William D. Pandolph, JD, Sulloway & Hollis P.L.L.C.
A New Hampshire employee’s Family and Medical Leave Act (FMLA) retaliation claim recently survived the employer’s attempt to get it thrown out before trial. The court rejected the employer’s argument that there was a lack of evidence of retaliation on its part.
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Jessica Fountain was employed by First Data Merchant Services as an account executive. She worked remotely with a company laptop and phone. First Data has annual compensation plans that set the terms of compensation and performance goals for each account executive. From 2004 to 2011, Fountain exceeded her performance goals and received good reviews.
In 2009 and 2011, Fountain was granted intermittent FMLA leave. Her 2009 leave was for personal health issues, and her 2011 leave was to care for her son. Her second leave ended in October 2011.