HR Management & Compliance

FMLA: Shifting Reasons for Termination Lock Prison into Jury Trial

By Michael P. Maslanka, JD

It’s crucial that employers take the time to accurately state the reason for an employee’s termination. Not doing so may expose you to liability later. For a recent case that illustrates that basic principle, read on.

Lillie Wheat worked as a correctional officer at a juvenile detention center. She was terminated for failing to return from Family and Medical Leave Act (FMLA) leave. She filed suit under the FMLA and returned to work in March 2011 as part of an out-of-court settlement.

In 2012, Wheat and an inmate had a physical altercation, and Wheat applied a “mandibular angle pressure point.” (I have no idea what that is, but I do not want it done to me.) Wheat was ordered to stop, but she did not. She was placed on leave and later terminated. End of story? Not quite.

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