Alternatively, Defendants contend that, even if these comments had probative value, any such value would be “substantially outweighed by the dangers of unfair prejudice.” (ECF No. 82, PageID 3752-53) (citing Lawson-Brewster v. River Valley Sch. Dist., 617 F.Supp.2d 589, 594-95 (W.D. Mich. 2008) and Abernathy v. Corinthian Colls., Inc., No. 10-cv-131, 2013 WL 12099309 (S.D. Ohio Aug. 5, 2013)).
The Sixth Circuit has held that an employee may be terminated if "the dismissal would have occurred regardless of the employee's request for or taking of FMLA leave."See also Lawson-Brewster v. River Valley School Dist., 2008 WL 1820908, *12 (W.D. Mich. 2008) ("Plaintiff has neither alleged nor shown that she was denied benefits to which she was entitled when she took leave in March and April 2004.").Id. at 507.