Michael Simons v. Boston Scientific, et al.

Whether, in an FMLA wrongful discharge retaliation claim, the McDonnell Douglas three-prong analysis is appropriate, where the Circuit Courts have held that the McDonnell Douglas framework does not apply to FMLA interference claims.

Whether, in an FMLA Leave retaliation claim, in the prime facie analysis under the McDonnell Douglas test, a causal connection established by a very close temporal proximity between the termination and FMLA leave may be defeated as a matter of law on summary judgment by Respondent’s purported legitimate, non-discriminatory reasons for its action.

Whether Petitioner may prove pretext in an FMLA retaliation claim by evidence that defendant actually made the decision to terminate him immediately upon his return from protected leave but later developed its multiple reasons as justification, including a matter to which it had no knowledge at the time of the actual decision, thereby showing the stated reasons were not the motivating reasons for his termination, rather than being required to refute each and every one of the employer’s articulated reasons for its decision.