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Reddit Taken To SF Court for Firing Worker With Anxiety: Lawsuit
(sfstandard.com)
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this post was submitted on 31 Aug 2023
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Would they have been better off firing the employee (on their return to work) without providing any reason?
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.
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.