Reddit Taken To SF Court for Firing Worker With Anxiety: Lawsuit::A former Reddit staffer was fired for “poor performance” after taking three months of sick leave, a lawsuit filed in San Francisco alleges.
Reddit Taken To SF Court for Firing Worker With Anxiety: Lawsuit::A former Reddit staffer was fired for “poor performance” after taking three months of sick leave, a lawsuit filed in San Francisco alleges.
Would they have been better off firing the employee (on their return to work) without providing any reason?
Would they be able to convince a jury that the firing had nothing to do with the medical leave? I doubt it. The lawsuit still would have happened.
No. While at will employment protects an employer against most forms of wrongful termination, FMLA, from my understanding, superscedes it.
I am not a lawyer so I’m not certain.
However, after your work restriction period ends, then your employer can fire you.