Relying on the employer’s “honest belief” that the plaintiff had engaged in fraudulent conduct, the U.S. Sixth Circuit Court of Appeals rejected the FMLA retaliation claim of an employee who had requested leave to attend the funeral of her granddaughter, when it was actually her step-granddaughter who had died. The collective bargaining agreement governing the plaintiff’s
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…
Hunter Tracked Into Woods; FMLA Claim Survives
By Jackson Lewis P.C. on
A man walks into the woods with a gun and sits in a comfortable chair already set up in a blind. An hour earlier that Monday, 2 ½ hours into his shift, he told his employer he was in severe pain and could not perform his work duties. Because the employee’s FMLA requests tended to…