Employees who take leave under the
Recent case: Agnes Theodossiou worked for a bank as an assistant vice president, making $100,000. She took time off to give birth, claiming leave under both the FMLA and the NJFLA.
When she returned, someone else was occupying her desk and she was given clerical tasks to do. Then her old job was eliminated and she was terminated. The bank claimed she would have been terminated even if she hadn’t taken leave.
She sued, alleging she had been denied reinstatement.
The court ordered a trial. It said that even if she returned only for a short time before being terminated, the job she returned to should have been the same or equivalent to her old one. (Theodossiou v. Commerce, No. 06-4137, DC NJ, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Consider more time off as reasonable accommodation
- When employee returns from FMLA leave, ensure position is truly equivalent to former job
- Does the FMLA apply to employees who have domestic partners?
- No individual liability under Texas Whistleblower Act or Labor Code