Poor review not grounds for FMLA retaliation suit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Poor review not grounds for FMLA retaliation suit

Get PDF file

by on
in Employment Law,FMLA Guidelines,Human Resources,Leaders & Managers,Performance Reviews

All by itself, a negative performance review after an employee has taken FMLA leave doesn’t give the employee a reason to file a lawsuit. Unless the poor review is accompanied by something tangible—like a demotion or the loss of a pay increase—courts won’t see the review as retaliation.

Advice: Never consider holding FMLA leave against an employee. Base your review strictly on work performed while the employee wasn’t on leave.

Recent case: Shakeel Tirmizi took FMLA leave to care for his autistic son. When he returned, he got a performance review that was lower than one he received before he took time off.

He sued, alleging retaliation. But the court tossed out the case, reasoning that a review that didn’t trigger something like a demotion or lost pay isn’t an adverse employment action. (Kramer, et al., v. Exxon, No. 07-0436, DC NJ, 2009)

Leave a Comment

Previous post:

Next post: