It’s all in the timing: An employee may have a case if her request foris suddenly followed by a reorganization that results in the loss of her job.
Recent case: Dina Sotille was the director of social services for Innova Health. She had Crohn’s disease and sometimes neededleave.
When the company was undergoing reorganization, Sotille was offered a new position at another location. Then she missed work for several days and her doctors told Innova she might need more FMLA leave. Suddenly, Sotille was put on a reduction in force list and was terminated.
She sued, alleging interference with her FMLA leave rights. The court said the close timing was suspect and that Sotille’s case could proceed. (Sotille v. Innova Health, No. 10-62, DC NJ, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Handle absence problems correctly; learn ADA, FMLA interplay
- FMLA: You can request proof worker's parent has serious health condition
- Don't be intimidated by sudden disability claim during discipline
- You can require early involuntary FMLA leave