Proven Tool: “Honest Belief” Can Justify Investigation

Tasha Patterson@Work

Honest BeliefBy Angie Brown

FMLA Product Manager, ClaimVantage

In order to defeat an FMLA interference claim, the employer “need not conclusively prove that [the employee] had misused her leave; an honest suspicion will do.” Kariotis v. Navistar Intern. Transp. Corp.,131 F.3d 672, 681 (7th Cir. 1997)

On the 20th anniversary of the Family and Medical Leave Act (FMLA) in 2013, the U.S. Department of Labor asserted that “the FMLA is working,” and that it does not impose a burden on employers.

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