Retaliation Allegation after Mental Health Leave

Description

A hospital employee alleges retaliation after returning from FMLA leave.

What Happened?

A full-time hospital technician requested and was approved for FMLA leave to address mental health concerns. According to the employee, the supervisor cast doubt on the legitimacy of that leave and, upon their return, began creating a hostile work environment. The employee described a pattern of hyper-scrutiny, unreasonable criticism, and a “paper trail” seemingly designed to justify termination.

When the employee reported concerns of retaliation and a hostile work environment to HR, they expected an investigation. Instead, they were placed on administrative leave and terminated shortly thereafter.

Complaint

The employee alleged retaliation, arguing that termination followed closely after their protected complaints. They claimed the hospital failed to investigate their HR report and instead punished them for speaking up.

The hospital denied these allegations, asserting that the employee’s termination was based on a well-documented history of performance problems. These included multiple infractions, such as failing to respond to an emergency page, and ongoing shortfalls, despite repeated chances to improve. The defense argued that the employee’s performance issues existed long before their FMLA leave or retaliation complaint.

Disposition

The case moved forward with discovery and depositions. Although the hospital’s investigation and actions were appropriate, the defense faced setbacks: some key witnesses did not perform well under questioning, and there were parts of the HR investigation that could have had stronger documentation.Further, text messages presented during discovery proved difficult to explain away. The timing also complicated the defense as the employee was placed on leave and terminated within weeks of contacting HR.

Ultimately, the case settled through negotiations. While the hospital maintained its position that termination was performance-based, the risks of trial made settlement the pragmatic choice.

Discussion Questions

1. How can HR departments ensure investigations into employee complaints are timely and well-documented?
2. What role does “timing” play in retaliation claims, even when performance issues are documented?
3. How should supervisors be trained to manage employees returning from protected leave?
4. Could this outcome have been different if HR had initiated an internal investigation immediately?

Additional Reading

Navigating the FMLA: A Practical Guide for HR Professionals

What Is Considered FMLA Retaliation? - LegalClarity

Fact Sheet #28O: Mental Health Conditions and the FMLA | U.S. Department of Labor

This is a fictitious case that illustrates commonly encountered issues and is for educational purposes only. Any resemblance to real persons, living or dead, is purely coincidental.