Employment & Labor Law
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Morrison v. Amway Corporation
16 Fla. L. Weekly Fed C487
The plaintiff was employed as a charter airline pilot. The parent corporation of the charter service also owned a basketball franchise. Prior to being terminated when pornography was found on his work computer, the plaintiff had requested time off to deal with his depression. The plaintiff claimed that his termination was pretextual for denying his FMLA leave. The defendant employer alleged that the trial court lacked subject matter jurisdiction because the employee was not an "eligible employee" under the FMLA. The appellate court found that defendants' motion to dismiss involved questions of both jurisdiction and the merits of the FMLA claim and was thus reserved for the finder of fact. Thus, the trial court was required to find that jurisdiction existed and deal with the defendant
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