FMLA Violation – Time-barred

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7^th Circuit Court of Appeals

Case Name: Sara Sampra v. United States Department of Transportation

Case No.: 17-2621

Officials: WOOD, Chief Judge, and KANNE and HAMILTON, Circuit Judges.

Focus: FMLA Violation – Time-barred

Sara Sampra sued her employer, the United States Department of Transportation, alleging that it interfered with her rights under the Family and Medical Leave Act by reassigning her to a different position after she returned from childbirth leave. The district court granted summary judgment for the defendant on the merits, finding that Sampra was offered essentially the same position upon her return from leave. Sampra has appealed. We affirm, though on the different ground that Sampra’s lawsuit is time‐ barred. We do not reach the merits. Sampra failed to file her complaint within the applicable two‐year statute of limitations. The more forgiving three‐year statute of limitations does not apply because Sampra failed to provide evidence that the department willfully violated her FMLA rights.  her return from leave. Sampra has appealed. We affirm, though on the different ground that Sampra’s lawsuit is time‐ barred. We do not reach the merits. Sampra failed to file her complaint within the applicable two‐year statute of limitations. The more forgiving three‐year statute of limitations does not apply because Sampra failed to provide evidence that the department willfully violated her FMLA rights.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.