By Brian J. Kurtz, JD, FordHarrison LLP
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A recent decision from the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) demonstrates why, in private-sector workplace, supervisors who bring forward reports or complaints about employees shouldn’t have the final say when it comes time to decide whether to impose discipline.
John Woods was a lieutenant with the Berwyn Fire Department. In January 2010, he sustained a back injury while carrying a 350-pound heart attack victim. Doctors cleared him to return to work in April, but he remained out of work through June because of persistent pain. The department urged Woods to complete its Family and Medical Leave Act (FMLA) paperwork to protect his job, which he did.