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Home / Expert Opinion / Workplace Issues: Is a rescinded notice of termination an adverse employment action?

Workplace Issues: Is a rescinded notice of termination an adverse employment action?

The Second Circuit Court of Appeals holds for the first time that a plaintiff suffers an adverse employment action where the employer fires her (allegedly because of her pregnancy) but then rescinds the termination two weeks later. The court also held that the plaintiff has made out an FMLA interference claim. The case is Shultz v. ...