When an employee takes leave under the Family and Medical Leave Act (“FMLA”), the employee is expected to specify a return-to-work date. If the employee fails to come back to work following the leave, as a general matter, the employer may terminate the wayward employee.
However, employers must be careful about acting too swiftly. The consequences of a premature termination can be quite significant, as a Virginia employer recently found out when a Virginia federal court awarded over $700,000 to a wrongfully terminated employee.
An article discussing the case, Perry v. Isle of Wight County, by DiMuroGinsberg attorney, Jayna Genti, appears in the October, 2017 issue of the Virginia Employment Law Letter. The article explores the facts that gave rise to the lawsuit as well as the rationale of the court in deciding to award the plaintiff double damages for the employer’s unreasonable conduct.
If you would like to obtain a copy of the article entitled “Employer Hit With Bad Faith Double Damages in FMLA Suit,” please contact Michele Kraftschik at firstname.lastname@example.org.