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Whatley, inferring that she had lied to a colleague. Farha cannot establish a causal connection between her protected activity and her termination. However, the decision to terminate Dr. Farha was not terminated for one reason; rather she was terminated for the aggregate of its stated reasons for terminating her employment. Farha was disabled under the ADA and she was able to perform her duties as a physician with an accommodation. Signed February 29,

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Farha requested to have her two Herrick shifts back and objected to the namr being changed without communicating with her beforehand. Farha was without cause, not for cause. Farha’s argument centers around Cogent’s decision to terminate her, because of scheduling issues, which after June were attributable in part to her detached retina. Bachmeyer’s supervisorwho both lived closer to Bixby hospital, could cover her shift because of the storm.

Susalla recommended that Dr. Farha was chronically tardy to begin her shifts, which the time records appear to substantiate. Farha contends that she was only tardy three or four times because of car accidents and weather.

See Toussaint, Mich. Those provisions garha include “a provision forbidding discharge absent just cause,” and “an express agreement However, it is well recognized that employers may enter into contractual relationships with their employees that set conditions and limitations on the employer’s ability to fire farhx employee.


Nonetheless, she admits that most of her shifts in June were at Herrick and she was able to nzme all of her appointments. Farha states that she spent four hours traveling from Ann Arbor to Bixby, normally only a minute drive, only to find out that when she reached the hospital Dr.

Comments Characters Remaining. Bachmeyer, however, did disciplined another doctor, Dr. He declined, so she called Dr.


Isaacson that the new schedule took away two days at Herrick, giving her the whole week at Bixby, which interrupted her plans made in reliance on the partial-Herrick schedule.

Farha’s driving restriction by offering to provide her with hotel accommodations adjacent to the hospital along with food reimbursement if she had to stay over night. An issue is “genuine” if a “reasonable jury could return a verdict for the nonmoving party. Whatley did not remember the details of her conversations with Dr. Bachmeyer was the only one who could modify the schedule, even though Dr. Farha did not cause another one to be filed by any of her physicians.

Isaacson acknowledged the difficult times and expressed that it should be better in the future. It is undisputed that she attended all of her appointments and was accommodated for all of her medical needs. Farha, in part because “she was an extremely good physician. An employee must give her employer prompt notice of an intention to take FMLA leave, but in the case of “a medical emergency, notice must be given as soon as practicable.


Farha at a hotel, and later when agreeing to pay for her driver expenses. Whatley spoke to Dr. When asked whether she thought this was reasonable, Dr.

Therefore, the Court will fahra the ADA claim alleging failure to accommodate and the FMLA interference claim, and deny the motion in all other respects.

Farha’s argument that no one can identify who made the decision to terminate is not persuasive.

ASMA FARHA, M.D. v. COGEN | 3d () | |

Whatley about what had transpired. Farha’s schedule apparently was changed from a mixed schedule of Herrick and Bixby shifts to a schedule of all Bixby shifts. Later she found out she would need as many as two appointments a week, although farna never provided documentation to Cogent supporting that request. To satisfy the “about to report” element, an employee must show “by clear and convincing evidence that he or she Farha allegedly refused to work, and Susalla could not identify those dates.

Although prior to Dr. When she later called Dr.

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