Partner Amy Traub and Associate Justin Guilfoyle obtained a unanimous three-judge affirmed summary judgment for Orange Business Services Inc. in a lawsuit leveled by an account manager claiming that she was fired in retaliation for taking time to care for her daughter under the Family and Medical Leave Act. Orange Business Services maintained that the firing was a performance issue, and the plaintiff had a “needs improvement” rating on her year-end evaluation. The firing also occurred several months after the account manager took the majority of her FMLA time off, casting doubt on the claim that it was retaliatory.
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