FMLA Retaliation Claim Even Where Actual Decisionmaker Didn’t Know About Use of Leave?
Posted on May 3, 2017
Posted in Family Medical Leave Act (FMLA), Retaliation
the situation An employee requests and is approved for FMLA leave based on a mental health condition. While she is out, she accumulates a backlog of work. According to her supervisor, after she returns, she continues to have performance problems, including not meeting certain metrics and otherwise just not meeting his standards. Based on a […]
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Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim
Posted on March 22, 2017
Posted in Family Medical Leave Act (FMLA), Retaliation
the situation An employee begins working as a sales consultant and from the beginning, has serious performance issues. She is given a number of warnings and even placed on an improvement plan. After she receives a final warning threatening termination if her performance does not improve, she submits a request for FMLA leave for some […]
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