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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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.