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Timothy Marsh v. GGB, LLC

Client: GGB, LLC

Court: U.S. District Court for the District of New Jersey

Trial Attorney:  Ralph R. Smith, 3rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff, a former employee of defendant, GGB, LLC (“GGB”), brought suit alleging violation of the FMLA and ADA.

Defendant, GGB, LLC, had a policy in place where employees must report absences and FMLA leave requests through a hotline maintained by a third party. Unexcused absences, per GGB policy, are assessed a point value per occurrence. All employees, including plaintiff, were made aware of this policy.  Once nine (9) points are accumulated, termination is mandatory. Plaintiff reached this maximum in October 2016 which resulted in his termination from GGB.  In his lawsuit, Plaintiff claimed that GGB was required to do more to accommodate his disability prior to utilizing its absenteeism policy to terminate his employment.

In advance of any trial, the court granted summary judgment on behalf of GGB, LLC finding (1) no interference or retaliation against plaintiff as to his FMLA allegations and (2) no disability discrimination, no failure to accommodate and no retaliation against plaintiff as to his ADA/NJLAD allegations. The Court determined that GGB validly applied its absenteeism policy to terminate Plaintiff’s employment without violating either the ADA or FMLA.

To read the opinion, please click here.

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