On October 31, 2016, the Fourth Circuit Court of Appeals issued a decision that confirmed an employer’s right to take adverse employment action against an employee who fraudulently uses FMLA leave. In Sharif v. United Airlines, Inc., Case No. 15-1747 (4th Cir., Oct. 31, 2016), the Court upheld United Airlines decision to discharge
FMLA abuse
There Goes the Bride….Fired for FMLA Dishonesty
By Jackson Lewis P.C. on
Posted in FMLA
On the day of her evening wedding, plaintiff called in and asked for a vacation day. When her request was denied, she said she would take an FMLA day instead. Since plaintiff had previously been approved for intermittent leave for migraine headaches, the employer approved her request.
A few weeks later, the plaintiff gave the…
Private Investigator’s Report Supports “Honest Suspicion” of FMLA Misuse
By Jackson Lewis P.C. on
Posted in FMLA
An employer had an ”honest suspicion” that an employee was not using FMLA for its intended purpose based in part on the report of a private investigator, according to the Seventh Circuit. The Court affirmed summary judgment for the employer. Scruggs v. Carrier Corporation. (7th Cir. August 3, 2012).
The employer had hired the…