The Sixth Circuit recently issued an employer-friendly decision, finding that an employee’s leave of absence under the Family Medical Leave Act did not excuse his pre-leave misconduct.
The case is Williams v. Graphic Packaging Internatl., Inc., 6th Cir. No. 18-5485, 2019 U.S. App. LEXIS 32572 (Oct. 31, 2019) and the Plaintiff, James “Randy” Williams, worked as a department manager for Graphic Packing International, Inc. In September of 2015, Williams requested medical leave for treatment of his prostate cancer under the Family Medical Leave Act (FMLA). While Williams was out on leave, one of his subordinates filed a complaint against him. Following the complaint, the company launched an internal investigation and discovered that Williams was using intimidation and manipulation tactics to prevent his subordinates from communicating with upper management. Shortly after Williams returned from his FMLA leave, he was terminated for his misconduct.
Following his termination, Williams brought suit against his employer, alleging, among other things, that his employer engaged in disability discrimination in violation of the ADA and the Family Medical Leave Act. The employer asserted that Williams was terminated due to his violation of the company’s “core values” (or company policy). The district court granted summary judgment to the employer on all claims and the Plaintiff appealed. The Sixth Circuit ultimately affirmed the lower court’s grant of summary judgment, finding that Williams failed to demonstrate that his employer’s reason for his termination was mere pretext for discrimination. Instead, the court held that that the Employer had properly terminated Williams for violation of company policy after a thorough investigation.
Employers often believe that they are unable to discipline or terminate an employee following protected leave for pre-leave misconduct. However, as this case demonstrates, FMLA-protected leave does not provide immunity from discipline following an investigation finding a violation of company policy. Employers should treat employees with protected disabilities the same as other non-disabled employees. However, when issuing discipline, it is important for employers to do their due diligence and gather evidence supporting the employer’s legitimate non-discriminatory reason for discipline.
The attorneys at Fishel Downey Albrecht & Riepenhoff, LLP routinely advise public and private employers on employment matters, including FMLA issues and defend employers in FMLA lawsuits. If you have any questions about this case or any other matter, please contact us at info@fisheldowney.com or call 614.221.1216.