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
honest
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…
Dishonesty Concerning Vacation While on FMLA Leave Leads to Termination
By Jackson Lewis P.C. on
Posted in FMLA
Recall our post concerning the employee on FMLA who went to Cancun to recover from surgery. The court upheld her termination for violating a rule that those receiving wage replacement benefits must stay in the immediate vicinity of their homes.
Now comes a nurse on FMLA with a back and leg injury, collecting disability benefits, who…
Festival Provides “Honest Belief” Evidence to Defeat FMLA Retaliation Claim, Yet Again
By Jackson Lewis P.C. on
Posted in FMLA
First Oktoberfest, now Pulaski Days.
Recall our post about an employee on FMLA who was terminated after his employer learned about his Oktoberfest festival jaunt. The Sixth Circuit affirmed summary judgment for the employer on the plaintiff’s FMLA retaliation claim, holding that, based on the plaintiff’s actions at the festival, the employer had an “honest belief” that the employee…
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…