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Family Law Keyed to Weisberg
Caldwell v. Holland of Texas, Inc
Facts
Juanita Caldwell was a single mother working for Holland, owner of several Kentucky Fried Chicken restaurants. During her three year employment she developed an excellent work record. In June of 1997 Caldwell was forced to take her son to the emergency clinic. She notified her employer prior to her shift, and was given permission to miss the shift. The doctor diagnosed her son as having an acute ear infection, prescribed a ten-day course of antibiotics and informed Caldwell that her son would probably require surgery to avoid permanent hearing loss. Later that night, Caldwell worked an evening shift at another store at the request of her employer while Caldwell’s mother cared for her son. Upon returning to her regular schedule she was abruptly fired. Caldwell averred that her son suffered incapacity for more than three consecutive days and did not participate in normal activities. During a follow up visit, a second ten-day course of antibiotics was prescribed. Ten day s later he had surgery to remove his adenoids and tonsils. Another week of antibiotics occurred after surgery. Caldwell sued, arguing that her termination violated the FMLA. Summary judgment was granted for Holland.
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