Tread carefully when firing employees on FMLA leave

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Abstract: Deciding to terminate any employee is risky. But the risk level associated with terminating those who have requested leave under the Family and Medical Leave Act (FMLA) is markedly greater. After a nonprofit terminated an employee who was on FMLA leave — claiming performance-related reasons — the plaintiff sued. Ultimately, the appeals court sided with the employer, but the decision shows why it’s important for employers to tread carefully in such cases. Mercer v. Arc of Prince Georges County, No. 13-1300, July 11, 2013 (4th Cir.) Yashenko v. Harrah’s NC Casino Co., No. 05-1256, April 27, 2006 (4th Cir.) McDonnell Douglas Corp. v. Green, No. 72-490, May 14, 1973 (Supreme Court)