Answers Posted By Kirk Brauer
By itself, the memo probably does not create a hostile environment, which requires conduct that is either severe or pervasive.
However, if an employee loses his or her job or is the target of other adverse action, this message is solid evidence of this employer's animosity towards FMLA leave. In other words, this is potential evidence for proving that an adverse action was in retaliation for taking the FMLA leave.
posted Jul 3, 2020 08:58 AM [EST]
posted May 19, 2020 2:15 PM [EST]