Firing due to safety violation or too much intermittent FMLA leave?

Did Solvay Chemicals fire longtime employee Steven Smothers because of a first-time safety violation or because it was tired of his frequent absences due to an ongoing medical disability? The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado employers) recently ruled that Smothers provided sufficient evidence to suggest that Solvay's stated reason for his termination was pretextual, allowing his claims for unlawful retaliation under the Family and Medical Leave Act (FMLA) and discrimination under the Americans with Disabilities Act (ADA) to proceed to a jury. However, the court upheld the dismissal of his state-law claim for breach of an implied employment contract. Read More...