Blink twice if you know (or at least suspect) a poor-performing employee who complained about discrimination or sought leave under the Family and Medical Leave Act to insulate herself from discipline at work.
I’m not saying that’s what the plaintiff did in this recent Eighth Circuit decision. But then again, her decision to take FMLA leave didn’t insulate her from the repercussions of her poor job performance either.
Let’s backtrack, and I’ll explain.
The plaintiff worked for the defendant for 28 years. In 2004, the plaintiff was diagnosed with multiple sclerosis and chronic back and neck pain. She worked