Reddit Taken To SF Court for Firing Worker With Anxiety: Lawsuit::A former Reddit staffer was fired for “poor performance” after taking three months of sick leave, a lawsuit filed in San Francisco alleges.

  • peopleproblems@lemmy.world
    link
    fedilink
    English
    arrow-up
    25
    ·
    1 year ago

    Yep.

    FMLA doesn’t just protect the time off, but the arrival back to work. You do need the physician to document that there will be restrictions on job functions. This can be done retroactively as I learned.

    Reddit fucked that up badly

    • Zeshade@lemmy.world
      link
      fedilink
      English
      arrow-up
      2
      ·
      1 year ago

      Would they have been better off firing the employee (on their return to work) without providing any reason?

      • krayj@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        7
        ·
        1 year ago

        Would they be able to convince a jury that the firing had nothing to do with the medical leave? I doubt it. The lawsuit still would have happened.

      • peopleproblems@lemmy.world
        link
        fedilink
        English
        arrow-up
        3
        ·
        1 year ago

        No. While at will employment protects an employer against most forms of wrongful termination, FMLA, from my understanding, superscedes it.

        I am not a lawyer so I’m not certain.

        However, after your work restriction period ends, then your employer can fire you.