When an employee returns from protected leave, firing them soon after can look like retaliation. But at the same time, an employee on leave doesn’t have immunity if there’s a good reason for their termination.
Falsified job qualifications
This is the dilemma that Oakwood Healthcare in Michigan faced.
Michelle Bailey worked in the HR department at Oakwood. While she was out on maternity leave for three months, some of her colleagues took over her duties. During this time, they discovered several problems with how she’d been doing her job.
This discovery caused Bailey’s supervisor to take a closer look