FMLA retaliation claim requires only some motivation by employer

A employee claiming that she was fired in retaliation for taking family medical leave has to prove only that retaliation was a motivating factor in the decision, not that she would not have been terminated “but for” the retaliation, the second Circuit Court of Appeals has ruled.  It has reversed a trial court jury trial where the court instructed the jury that it could find for the employee only if it found that she would not have been fired but for the retaliation.