Employees who have takenand then been fired often sue. However, all is not lost for employers faced with such a case—if they can show they would have fired the employee anyway. In fact, chances are, they’ll win.
Recent case: Ralph, a postal worker, was approved for. The post office had an elaborate call-in system. Employees called in and received a specific intermittent leave authorization code if the absence was covered.
When Ralph was fired, he argued he had been terminated for taking too much.
But the employer showed that even if it had counted some of his covered absences against him, he still missed enough time that wasn’t covered by histo warrant discharge. The court tossed out his case. (Gates v. United States Postal Service, No. 10-3735, 6th Cir., 2012)
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