Upon her return from Family and Medical Leave Act (FMLA) leave, Menendez was unexpectedly called to a meeting concerning her job performance. Following her return from FMLA leave, she was terminated on September 17, 2021.
State Attorney’s Office’s Arguments
In their motion to dismiss, the state attorney’s office argued that Menendez’s claims were untimely, and they lacked documentation of her health conditions and FMLA justification. However, Judge Corrigan ruled in favor of Menendez, accepting her explanation for the delay in filing her lawsuit.
The Office of the State Attorney will have the opportunity to revisit these arguments during the summary judgment stage.
