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Fired Employee’s Probe of Own Boss Can’t Stop FMLA Claims: Court

A Pennsylvania court has allowed a former maintenance director at a nursing and rehabilitation center to pursue his Family and Medical Leave Act (FMLA) claims after he was fired for probing his boss’ work attendance. So reports the Society For Human Resource Management.

The fired director for Maplewood Nursing and Rehabilitation Center, Louis DeCicco, started tracking his then-boss’s attendance after she placed him on a performance improvement plan in January 2012.

DeCicco’s monitoring of Sarah Balmer included reviewing video footage from work cameras and her time sheets. In May 2012 DeCicco requested FMLA paperwork from Human Resources Director Stephanie Massey.

DeCicco was the primary caregiver for his father. DeCicco turned over that paperwork and was fired shortly after in June 2012. DeCicco, who was 47 in 2012, sued in May 2014 for age discrimination after he was replaced with a younger man.

The U.S. District Court for the Eastern District of Pennsylvania dismissed the age discrimination suit. But the court allowed the FMLA claims to move forward finding that DeCicco’s FMLA request being so close to his filing suggested retaliation.

Read the full article from the Society For Human Resource Management.

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