A lumber mill worker’s recent success in federal court represents a noteworthy outcome for multiple reasons. For the worker, it recognizes that an employer may be liable for retaliation under the Family and Medical Leave Act, both by terminating the worker and by subsequently refusing to rehire them. On the employer side, it demonstrates just how crucial it is to document carefully why your business makes the decisions it does regarding hiring, firing, and rehiring, and how this is even more critical if your business is dealing with a worker who has engaged in statutorily protected activities in the past. Whether you are a worker or an employer, an experienced Atlanta FMLA retaliation lawyer can provide essential answers to questions you have about this issue.
The worker, E.B., worked for two years, from 2015 to 2017. According to the employee’s lawsuit, he “worked in every department … without complaint or discipline.” The employer allegedly fired him in December 2017 after he requested and took FMLA leave to care for his disabled wife.
E.B. sued for FMLA retaliation in 2019. K.B., a coworker at the mill, submitted a sworn statement in support of E.B. as part of that lawsuit.