Is a Broken Little Toe a FMLA Serious Health Condition? Ask the Jury.
An employer that fired a worker who broke his little toe and then did not come to work because, he claimed, he couldn’t get his work boots on will have to let a jury decide whether he had a serious health condition under the FMLA and whether, as a result, his termination was illegal interference with his FMLA rights. Scholl v. Miami Valley Polishing, LLC, 2021 U.S. Dist. LEXIS 82946 (S.D. Ohio 2021). The company, MVP, supplies polished aluminum...
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