A recent opinion by the Sixth Circuit demonstrates how an employer can lawfully discharge an employee for suspected abuse of leave under the Family and Medical Leave Act. In Porter v. Jackson Township Highway Department, the U.S. Court of Appeals for the Sixth Circuit upheld an Ohio township’s termination of an employee, citing the township’s honest belief that he had abused his FMLA leave. The court credited a private investigator’s video showing the employee lifting and carrying items and doing construction work while on medical leave for a shoulder injury. The employee argued that his actions complied with his doctor’s limitations. However, the court found that the township’s investigation — which it shared with Porter during a due-process hearing that included union representation and an opportunity for rebuttal — supported a fact-based, legitimate termination.
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