Reddit Taken To SF Court for Firing Worker With Anxiety: Lawsuit
sfstandard.com
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.
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Yep.
FMLA doesn't just protect the time off, but the arrival back to work. You do need the physician to document that there will be restrictions on job functions. This can be done retroactively as I learned.
Reddit fucked that up badly
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.