Employee Wins Case After Being Fired While on Medical Leave

An employee fired just days after coming back from medical leave, has won over $100,000 as well as attorneys’ fees and costs. By firing the employee, the employer violated the federal Family and Medical Leave Act (FMLA) that says that you cannot fire an employee on FMLA leave without a legitimate reason. The timing of the firing and the employer’s awareness of the law compelled a ruling that the employer violated federal law.

In Bissonnette v. Highland Park Market Inc., an IT employee went on FMLA medical leave and his duties were outsourced to an IT firm. After returning, he was fired 15 days later. Despite protesting their innocence and maintaining that they fired the employee because of the economic climate, the court ruled that the timing of the firing was conspicuous. Furthermore, the firing was inconsistent with the company’s usual hiring and firing policy and it did not save any money by outsourcing the work to an IT firm. Thus, the company violated the FMLA by firing an employee who had recently returned from leave.

If you were fired after going on medical leave or have any other questions about the FMLA, please contact us today.