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Did Fired Employee’s FMLA Retaliation Case Hold Water?
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WorkersCompensation.com
FMLA retaliation lawsuits typically come down to whether there’s a causal link between an employee’s exercise of FMLA rights and the employer's adverse actions, such as termination.
The employee in that case took six weeks of approved FMLA leave in August 2023 due to the birth of his child.
He was also granted intermittent FMLA leave up until July 1, 2024.
The employer asked the court to dismiss the case, arguing that the employee did not show that he was fired because he exercised his FMLA rights.
A strong indicator that a challenged employment action is adverse is that the action causes harm to future employment prospects.