Employer’s documentation dooms employee’s FMLA claim

A recent opinion from the U.S. 4th Circuit Court of Appeals (whose rulings apply to all Virginia employers) is a reminder to document problems with employees thoroughly before making discharge decisions. In a 2-1 ruling, a 4th Circuit panel upheld a Virginia federal district court judge's decision to disregard a jury verdict in favor of a former employee who had filed a wrongful termination claim under the Family and Medical Leave Act (FMLA).

Facts

Arlene Fry filed suit against her former employer, Rand Construction Corporation, for several claims, including firing her for taking leave under the FMLA. Among other protections, the Act provides covered employees with 12 weeks of leave during any 12-month period for family-related reasons or for an employee’s serious health condition. After taking leave, employees are entitled to return to their previous or an equivalent position.

Fry had worked as an administrative assistant for Rand’s CEO for several years before tension in their relationship developed. Shortly after she took two weeks' leave for a medical condition, the CEO complained she had been on a cruise instead of medical leave. She later filed two complaints with the company that her FMLA rights had been violated, and she was fired the day after filing her second complaint. At trial, her counsel argued the evidence was sufficient to show she had been fired for taking FMLA leave.

In response, Rand presented extensive evidence of documented problems with Fry’s work that existed before she took FMLA leave or notified it of her health problems. The information submitted at trial included: