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Daugherty v. Wabash Center, Inc., 7th Cir., No. 08-3104, August 14, 2009

Articles Discussing Case:

Evidence of Misconduct Discovered During FMLA Leave May Support Employee Termination.

Ogletree Deakins • September 01, 2009
An employee who takes leave under the Family and Medical Leave Act (FMLA) is entitled - in most instances - to be reinstated to his or her former position, with equivalent pay and benefits, upon expiration of that leave. However, an employee is not entitled to a position or other benefit of employment to which he would not otherwise be entitled simply because he is on FMLA leave. It is on that basis that the 7th U.S. Circuit Court of Appeals upheld the termination of a company’s Vice President of Information Technology, even though the termination occurred while that individual was on an FMLA leave.

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