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Employment ComplianceNov 3, 202603:00 (PT)

US court rules for employer in FMLA retaliation case after employee fired for misreporting time

Key points

  • An employee was fired on December 30, 2022 for misrepresenting time worked, about two weeks after a leave ended
  • He sued for discrimination and retaliation, but the employer won summary judgment on all claims
  • The court relied on security footage, his admissions, consistent enforcement and a decisionmaker unaware of his leave

A grocery employee who had taken intermittent FMLA leave was fired on December 30, 2022 for misrepresenting time worked, about two weeks after a leave ended. He sued for discrimination and retaliation, but the employer won summary judgment on all claims. The court relied on security footage, his admissions, consistent enforcement and a decisionmaker unaware of his leave.

What employers should do

  1. Verify time records and surveillance evidence before terminations, and apply enforcement consistently

Policy details

Jurisdiction
US
Status
Enforcement action
Effective date
—
Employers covered
Employers subject to the FMLA
Official source
Official source pending
Original report: View source ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.