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PIERCE v. HSBC MORTGAGE CORPORATION (USA)

19 A.D.3d 244 (2005)

798 N.Y.S.2d 6

MICHAEL PIERCE, Appellant, v. HSBC MORTGAGE CORPORATION (USA) et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 2005.

Plaintiff, a mortgage loan officer, contends that defendants violated the Family and Medical Leave Act of 1993 (FMLA) when, in terminating his employment while on FMLA leave, they denied him about $400,000 in commissions for loans he had negotiated which had been approved but had not yet closed. To properly state an actionable denial of benefits under FMLA, a claimant must show an employment relationship, entitlement to take leave...

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