Dan Hartzog, Jr. obtained a defense ruling in an administrative hearing at the Office of Administrative Hearings (OAH). This case involved an employee fired for excessive phone and internet use. Plaintiff alleged that she was actually fired in retaliation for her use of FMLA leave, and due to a disability (cancer) known to her employer. She alleged that she was discriminated against when she was placed on performance improvement plans, which she was required to follow, and which prevented her from taking breaks she needed throughout the day. She alleged that she was denied reasonable accommodations for her disability, and ultimately fired because she had to take time off to go to her doctor. Following a two day hearing at the OAH, the administrative law judge ruled that the employer had not retaliated against the plaintiff for taking FMLA leave, and it had just cause to terminate plaintiff‘s employment based on poor performance.
The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results.