Employers are regularly faced with the difficult decision to discipline or terminate an employee for poor performance or include an employee in a layoff on the eve of protected leave under FMLA or a sexual harassment complaint for fear of a claim of gender discrimination, interference with FMLA rights, or unlawful retaliation by the employee. However, there is some good news for employers in our jurisdiction. Just recently, the Sixth Circuit Court of Appeals affirmed summary judgment in favor of an employer on such claims when the employer was able to demonstrate that other factors led to the employee’s termination. Mann v. Navicor Group, No. 11-4028, 6th Cir., 2012. This case is a nice win for employers faced with this difficult decision.
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