An employee [Complainant] was appointed by the Power Authority of the State of New York [Authority] and some ten years later the Authority terminated him from his position.
Complainant, contending that he was fired from his position because of an underlying medical condition which required him to take time off under color of the federal Family and Medical Leave Act [FMLA], 29 U.S.C. §2601, initiated the instant litigation in federal district court challenging his dismissal by the Authority.
The federal district court, however, concluded that the Authority provided legitimate reasons for terminating the Complainant from his position:
[1] poor performance;
[2] failure to adequately communicate his absences; and
[3] misuse of an Authority credit card.
Further, said the district court, Complainant failed to show the reasons advanced by the Authority in support of its decision to dismiss the Complainant were pretextual.
The United States Circuit Court of Appeals, Second Circuit, affirmed the judgment of the district court.
Click HERE to access the full text of the Circuit Court's ruling.