TERMINATION UPON RETURN FROM FMLA APPROVED

By: Kathleen Bray

In a case from the 7th Circuit, which includes Wisconsin, an employer was exonerated when faced with a retaliation claim by an employee who had been on FMLA leave. While the employee was gone, it was clear that his performance had not been consistent with prior good appraisals and that he had manufactured or misstated certain records as a freight delivery person. Having conducted an investigation after having a reasonable belief that the manager had been covering up shipment problems, the Court was faced with strong evidence that the termination was not based on his use of FMLA leave and that the company had acted in good faith. It was important that the employer had only put the workers performance under increased scrutiny after being informed of the problems by other employees. Cracco v. Vitran Express, Inc. (7th Cir. 2009).

The HR industry´s premier online community and resource for Human Resource professionals: HR, human resources, HR community, human resources community, HR best practices, best practices in human resources, online communities for HR, HR articles, HR news, human resources articles, human resources news, HR events, leadership, performance management, staffing and recruitment, benefits, compensation, staffing, recruitment, workforce acquisition, human capital management, HR management, human resources management, HR metrics and measurement, organizational development, executive coaching, HR law, employment law, labor relations, hiring employees, HR outsourcing, human resources outsourcing, training and development
hr.com. human resources management resources for hr professionals. | HR menus | HR events | HR Sitemap