The court dismissed Lynn’s retaliation claim because the decision to eliminate her job occurred before she requested leave. But the court allowed her FMLA interference claim to go forward, based largely on the supervisor’s nonverbal negative response to her leave request.
Sometimes, your managers can cause big legal trouble without even saying a word. Recent court rulings show that a simple sigh, shrug or disappointed look can be enough if the worker on the receiving end perceives the behavior as disapproval.
This can come into play when a supervisor sends such negative vibes in response to an employee’s request for legal accommodations or job-protected leave. Take the FMLA, for example, any message that managers send to discourage employees from taking FMLA leave could be considered interference with FMLA rights.
Call Alternative HRD!
Any words or actions by a manager that discourage employees from using their legally mandated rights could be proof of retaliation. The best advice is to train supervisors on how to handle leave requests in a supportive, positive and upbeat way. We can help!
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