a. What does the Court mean when it states "the burden shifts?"
b. Can you recall an instance, covered in tort law, where the burden shifts from Plaintiff to Defendant?
c. What is the non retaliatory reason stated by the Court for Plaintiff's termination?
Exide Technologies issued repeated warnings to Robert Peterson for driving forklifts too fast and violating other safety rules. After he was injured in a forklift crash, Exide granted him FMLA leave for 10 days while he recovered.
Peterson's manager fired him during the leave period for "flagrant violation of safety rules." Peterson sued, claiming that he was terminated in retaliation for exercising his right to take FMLA leave. The lower court granted summary judgment to Exide, and Peterson appealed.