Family Medical Leave Act (FMLA) Firing and Employment Retaliation Claims
It never ceases to amaze me how attorneys need to fight for their employment clients' jobs or workplace rights even in open and shut cases. This morning I was in Boston, MA passing time by reading an other lawyer's employment law article and case discussing the Family Medical Leave Act (FMLA) and employment retaliation claims. See Linda Horras' article for further review and/or download a copy of the full case: Bryant v. Dollar Gen. Corp., No. 07-5006 (6th Cir., Aug. 15, 2008).
SUMMARY
An employee fired four days after a Family Medical Leave Act (FMLA) leave was successful in her FMLA retaliation claim. This makes logical sense -- why allow the right to take FMLA leave if one can be punished for it after? The company argued the FMLA statute did not expressly prohibit retaliation against an employee. The court didn't buy their argument.
LESSON
Employment retaliation claims, even when not expressly found in the law, may be reasonably inferred when they arise from a protected employment right.
