When an Employer Violates FMLA-Protected Medical Leave

A project manager challenged wrongful termination after FMLA-protected medical leave, securing a favorable settlement.

Note: This case was handled by Thurgood, Inc. and is anonymized to maintain confidentiality. Each case is unique; this example is not a guarantee or forecast of similar results. 

The Situation: Wrongful Termination After FMLA Leave

Our client, a project manager in the professional services sector, was terminated shortly after returning from FMLA-protected medical leave. Around the same time, several coworkers had also taken leave, prompting a key customer to complain about turnover.

Rather than reinstating her to her previous role — as required under FMLA law — the employer stripped her of all responsibilities, placed her on a performance improvement plan (PIP), and then terminated her. She believed this was a clear case of medical leave discrimination.

The Challenge: Employer Misuse of “Poor Performance” Claims

Before her leave, the team faced instability and was assigned a new manager with no domain expertise. The employer used this transition period to gather anecdotes suggesting “poor performance.” But the reality was simple: our client could not have underperformed after her leave because she was given no work to perform at all.

Our Approach: Refocusing on FMLA Rights and Protections

At Thurgood, we expect employers to cite performance issues in retaliation cases. Here, we shifted the focus back to the law and the facts:

1. FMLA requires reinstatement to the same or an equivalent role following leave.

2. After returning, our client had no deliverables, attended no meetings, and completed no work tied to her position.

We challenged the employer directly: how could they allege poor performance when they had failed to assign her any duties? We made it clear they would need to explain this contradiction to the EEOC if they wished to pursue their claims.

The Resolution: Settlement in an FMLA Violation Case

We reached a private settlement without filing formal charges. The agreement increased her severance package from 1 month to 5.5 months of salary, included a tax benefit related to her FMLA leave, and was secured in just 2.5 months.

Protecting Employees From FMLA Violations and Medical Leave Discrimination

At Thurgood, Inc., we fight for employees facing wrongful termination, FMLA violations, and workplace retaliation. If your employer has denied you reinstatement after medical leave or retaliated against you for exercising your rights, contact us to learn how we can help.