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Discharge of Employee for Abandoning Job Does Not Violate FMLA, Even If Employer is Mistaken (PDF)
U.S. Court of Appeals for the Tenth Circuit 
[Opinion] Aug. 13, 2001 "The law, from a number of authorities at both the federal appellate and district court levels, is ... that an employer who discharges an employee honestly believing that the employee has abandoned her job and is otherwise not using FMLA leave for its here 'intended purpose', to care for a parent, would not be in violation of FMLA, even if its conclusion is mistaken, since this would not be a discriminatory firing." [Medley v. Polk Company, No. 00-1199 (10th Cir. Aug. 9, 2001)] MORE >> |
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