Company didn't retaliate against employee by terminating him pursuant to absentee policy.

An employer did not retaliate against an employee for filing a workers' compensation claim by terminating him pursuant to its neutral absence control policy, the Court of Appeals of Texas held in McFarland v. Goodman Manufacturing Co., LP, 2004 WL 1277572. The case is informative for several reasons: its description of the company's absentee policy; its discussion of the anatomy of a retaliation claim; and its exposition of what evidence may prove (or disprove) a claim of retaliation. Although based on Texas law, these lessons have general application.

The plaintiff was a production worker in the assembly department at one of the company's plants. He suffered an on-the-job injury. He was on workers' compensation leave for five months. He took FMLA leave. After that expired, he was granted a leave of absence under the company's Medical Leave of Absence Policy for employees who exceeded their FMLA allotment. The policy provided that if an employee is released to return to work, "the Company will then …