Hospital Compliance Officer’s Opposition To Termination Of Co-Worker States A Claim Of FMLA Retaliation

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The United States District Court for the District of Columbia recently denied a Hospital’s motion to dismiss a Family and Medical Leave Act (“FMLA”) retaliation claim by a senior officer because of the close time proximity between a protest of alleged discriminatory treatment of a co-worker and the protester’s own discharge.  Lott v. Not-For-Profit Hospital Corporation.  The Court held that plaintiff’s meeting with the Hospital’s CEO to discuss his belief that the co-worker’s termination  violated the FMLA, could be considered protected “oppositional conduct.”   In light of the close timing between the oppositional conduct and termination, the Court allowed the FMLA retaliation claim to proceed.

Employers should be mindful of potential retaliation claims when an employee engages in protected activity before taking adverse action.  To mitigate risk, the basis for any such adverse action should be well documented.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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