By Martin J. Regimbal, The Kullman Firm
Be careful if you take an adverse action against an employee who is using or has recently used FMLA leave. Claims of retaliation based on an employee’s protected leave are common under the FMLA. You must use the same care when you terminate someone who has exercised his FMLA rights as you would when firing an employee in any other protected class.
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The 5th Circuit—which covers Louisiana, Mississippi, and Texas—recently examined a case where an employee was terminated after he came to work drunk, who claimed that his former employer unlawfully refused to reinstate him after he took leave protected under the Family and Medical Leave Act (FMLA).
Let’s take a closer look.