Federal and New Jersey laws protect workers’ job rights when they take family or medical leave. The Family and Medical Leave Act (federal) and Family Leave Act (NJ) state that employees in the public or private sectors may take up to 12 weeks of unpaid leave per year for a number of reasons, including the birth or adoption of a child, care for an ill family member, or to recover from one’s own illness. The laws protect the employee from discharge during unpaid leave or from retaliation for taking leave.  The employer is obligated to hold the employee’s job until their return.

An employee who takes family or medical leave is not protected from being fired for the employer’s legitimate reasons that are unrelated to the leave itself.

Here is an example from a recent court case.

In 2013, Tyson Foods fired Tim Shell, a production supervisor in the Wilkesboro, North Carolina facility, shortly after his return from a medical leave.  This followed three years of complaints about Shell’s job performance. The investigation into Shell’s termination showed that he:

• Improperly assigned supervisory responsibilities to subordinate employees;
• Intimidated employees;
• Threatened employees for use of overtime;
• Was condescending to those around him;
• Undermined his supervisor; and
• Acted unprofessionally toward co-workers.

Shell challenged his termination, claiming that Tyson Foods retaliated following his FMLA leave. Sometimes, an employer in these circumstances will “nitpick” about an employee’s performance, when in fact they are unfairly reacting to the employee’s proper taking of family or medical leave.  This can happen when a facility is under pressure to produce products or sales results, and the employee’s absence is deemed “disloyalty”, the law be damned.  The “performance” discharge is a subterfuge, or pretext, for the real discharge reason.  It is up to the employee’s attorney to investigate and determine how provable the cover-up may be.

On the other hand, there are employees who file claims for wrongful discharge based on alleged family or medical leave violations, against a strong and documented history of poor performance issues.  Federal FMLA and New Jersey FLA do not protect employees from their own workplace misconduct.  The family and medical leave laws are not a shield for poor workmanship or violation of employer policies.

In Mr. Shell’s case, Tyson Foods conducted a thorough investigation; validated the complaints of Shell’s coworkers, both subordinate and supervisory; and produced sufficient documentation to justify its termination decision.

In Shell v. Tyson Foods, United States District Court for the Western District of North Carolina, the federal judge dismissed Shell’s claims of retaliation, because it found ample evidence to justify the company’s decision.  Described by the judge in longstanding legal parlance, Tyson demonstrated a legitimate, non-discriminatory reason for its decision, which Shell was not able to overcome.  Judges do not sit as jurors.  When the defendant employer files a motion for summary judgment, the trial court is required to determine whether the material facts are in dispute.  If they are not, and if the plaintiff employee simply cannot win, even if the facts s/he asserts are found to be true, then the employer is entitled to judgment as a matter of law, and the case must be dismissed forever.  The plaintiff is out of court in such matters, and does not get a jury trial. That is precisely what befell Mr. Shell.

If you have a crisis or concern about an employment law matter or believe your employer has treated you badly — and you want to see if you have a claim worth pursuing, call the employment law attorneys at Hanan M. Isaacs, P.C., at 609-683-7400, or contact us online. We will schedule you for a near-term and reduced fee initial consultation at our Central Jersey offices in Kingston.  We are compassionate counsel and tough advocates.  We will listen to your facts, explain the law, and help you find a pathway to economic and social justice.  We will protect your rights if they have been violated. Call today.  You will be glad you did.