A Wisconsin court of appeals was not swayed by a recent argument that an employer did not violate the Wisconsin FMLA when the employer terminated an employee returning from medical leave for lacking work authorization. In Burlington Graphic Systems, Inc. v. Department of Workforce Development, Appeal No. 2014AP762, an undocumented employee, Karen Alvarez, of Burlington Graphic Systems took one week of leave after surgery. When Alvarez returned to work, the company terminated her employment for unexcused absences. The employee then filed a complaint against the company with the Wisconsin Department of Workforce Development. The Department found probable cause that the Wisconsin FMLA had been violated and set a hearing before an administrative law judge (ALJ). The company rehired the employee prior to the hearing, and required her to complete a Form I-9 as a new hire. Alvarez could not produce documents proving she was authorized to work so Burlington, as a result the company terminated her employment.
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