Category Archives: Termination

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Taking FMLA leave does not affect employee’s obligations under non-FMLA attendance policies.

Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A … Continue Reading

Performance Improvement Plan (PIP) is not an “adverse employment action” for purposes of federal anti-discrimination laws.

In order to support a claim of employment discrimination, an individual typically must show that an “adverse employment action” was taken, and that such action was based upon a protected characteristic. To constitute an adverse employment action for purposes for federal anti-discrimination laws, such action must create a significant change in an employee’s status, and … Continue Reading
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