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Right or wrong, an honest belief may be all it takes to proffer a nondiscriminatory reason for an adverse employment action.
Do you remember that employer that terminated 65 employees seeking FMLA simultaneously with the same doctor’s notes? The Fourth Circuit Court of Appeals concluded that the company suspected shenanigans, investigated the matter thoroughly, and terminated these employees without violating the Family and Medical Leave Act based on its reasonable good-faith belief that these employees had engaged in fraud — even if by some miraculous coincidence they suffered soft-tissue injuries at the same time.
But when an employer that suspects
