Manion v. Demandware

Could Changing Your Mind About a Promotion After an Employee’s Use of FMLA Leave Equal Retaliation?

Posted on June 6, 2018

The Situation: An employer has talked with an employee about possibly putting him in a new sales position.  Before that can happen, the employee develops a medical condition which necessitates him being out of work for a month and taking FMLA leave. When he returns, he informs the employer that he will not be able to travel for a period of time. The employer then decides not to put him in the new position and ends up eliminating the position he is in.  Could the employee make a claim of FMLA retaliation?…

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