The scenario is familiar to management counsel and their clients: An employee is on the brink of termination when he or she calls in with a doctor’s note triggering leave under the Family and Medical Leave Act. The client is frustrated and asks: “What can we do?”
In her May 16 opinion in Johnson v. Resources for Human Development , Judge Anita B. Brody of the U.S. District Court for the Eastern District of Pennsylvania gave some guidance, while also discussing the “key employee” exception to reinstatement under the FMLA.
Termination for performance considered
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