Timing Matters: Employee Fired During FMLA Leave for Months-Old Problems

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Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides to fire the worker and points to performance issues that were addressed well before the leave began. Let’s look at the facts, as outlined by the U.S. 5th Circuit Court of Appeals in New Orleans (whose rulings apply to all Louisiana employers) and see what

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