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Employee Tells Co-Worker That He Plans to Misuse FMLA Leave; Court Says It's OK to Demote Him
FMLA InsightsLink to more items from this source
Dec. 9, 2015
"Based on the information it received from the subordinate, Costco surely had the right to suspect that Keith might be abusing leave.... [C]ourts typically will support an employer's 'honest belief' defense only after they have conducted a complete and exhaustive investigation into the facts. The court reviewing this case didn't fault Costco for failing to conduct an investigation, but the risk is that a different court easily could have, which would have required the Company to head to trial on Keith's FMLA claims when they otherwise never should have seen the light of day."

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