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Close scrutiny after FMLA leave can spell trouble

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in Employment Law,FMLA Guidelines,Human Resources

Be careful how supervisors treat employees returning from FMLA leave. Otherwise you could face an interference or retaliation lawsuit.

Bosses must treat a returning employee the same way she was treated before she went out on leave. Any sudden, increased scrutiny spells trouble.

Recent case: Jeanne Spencer worked as a bank teller and customer service representative. After being taken to the hospital with heart attack symptoms, she had to take a week of FMLA leave. When she returned, she claimed supervisors began scrutinizing her work more closely, criticized her for being in a bad mood and wrote her up for minor infractions. She resigned instead of being fired.

She then sued, alleging FMLA violations. The court said her case can go to trial based on the sudden supervisory scrutiny following FMLA leave. (Spencer v. National City Bank, No. 1:09-CV-096, SD OH, 2010)

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