The 3rd Circuit Court of Appeals, which covers Pennsylvania, recently handed a victory to employers that struggle with employees who misuse—particularly .
The court held that an employer’s honest belief that its employee misusedleave was sufficient to defeat an claim, even if the employer was mistaken. (Capps v. Mondelez Global, 3rd Cir., 2017)
Mondelez Global, an international food manufacturer, has anthat states, “submission of false information to the Company regarding the need for FMLA leave, or the fraudulent use of FMLA leave, may result in discipline, up to and including termination.”
The company’s policy titled “Dishonest Acts on the Part of Employees” states, “The Company will not tolerate dishonesty on the part of its employees ... any employee found guilty of a dishonest act would be subject to dismissal.”