Tag Archives: Donald v Sybra Inc

Court provides FMLA guidance in termination case

Not surprisingly, the Family and Medical Leave Act (“FMLA”) often creates frustrating situations for employers.  Perhaps one of the most frustrating is when an employer discovers an employee’s misconduct just before or while the employee is on a FMLA leave.  These situations leave employers perplexed about how to proceed—will taking appropriate disciplinary action appear to be interference with or retaliation for the employee’s FMLA leave?

The Sixth Circuit Court of Appeals recently provided some legal–and practical—guidance for employers in Donald v. Sybra, Inc., Case No. 10-2153 (6th Cir. January 17, 2012).

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