Termination for misconduct unrelated to medical leave not retaliatory

Employers are often skittish about the optics of firing an employee who is on leave or recently returned from leave. After all, close timing between the leave and the termination can be enough on its own to establish a retaliation claim sufficient to get to a jury to decide. In January 2019, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) upheld the dismissal of Family and Medical Leave Act (FMLA) and disability discrimination claims related to an employee's termination for abuse of an employee perks program shortly after returning from leave for kidney failure. Read More...