Worker could be fired when he returned from medical leave

An employer who fired a worker for performance problems that were discovered while he was on medical leave didn’t violate the Family Medical Leave Act, a federal appeals court has ruled. The employee requested leave for a health condition that required hospitalization. While on leave, the company hired replacement workers who discovered multiple problems with the employee’s work. The company terminated the employee the day he returned from leave. The employee sued, claiming the firing was in retaliation for his taking leave. But the court disagreed, finding that there was undisputed evidence that the company discovered the problems during the leave, investigated the problems, and determined he was responsible for them. As a result, the firing was fair and wasn’t merely retaliation.

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