3rd Circuit: Honest Belief Defeats Retaliation Claim

John GarnerCompliance, Resources

The Third Circuit Court of Appeals has ruled that an employer’s honest belief that an employee was abusing his Family and Medical Leave Act (FMLA) leave was sufficient to defeat the employee’s claim that he was retaliated against for using FMLA.  A retaliation claim requires proof of intent and an honest belief, even if it is wrong, shows there was no intent.

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