POWER OF BLOGS

Insight Center: Blogs

Is an 'Honest Belief' of FMLA Misuse Enough for Termination?

Author: Tracey E. Diamond

10/24/2017

Read the full post at HiringToFiring.Law

Is an 'Honest Belief' of FMLA Misuse Enough for Termination?

Q.  Can I discharge an employee if I believe that he or she is misusing FMLA?

A.  According to a recent Third Circuit opinion, an employer’s honest belief that its employee misused FMLA leave is sufficient to defeat an FMLA retaliation claim, even if the employer was mistaken.