Close X
Attorney Spotlight

What colorful method does Claire Miley use to keep up with the latest healthcare regulations as they relate to proposed transactions? Find out more>

Search

Close X

Experience

Search our Experience

Experience Spotlight

On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

CLARCOR
Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Securities Law Exchange BlogSecurities Law Exchange blog offers insight on the latest legal and regulatory developments affecting publicly traded companies. It focuses on a wide variety of topics including regulation and reporting updates, public company advisory topics, IPO readiness and exchange updates including IPO announcements, M&A trends and deal news.

Read More >

Labor Talk Blog: Termination During FMLA Leave Not Unlawful

Publications

August 18, 2014

Some employers believe that an employee who is out on FMLA cannot be disciplined or terminated. More savvy employers know that such a broad application is not quite accurate, as an employee's request for or taking FMLA leave does not give the employee any greater rights than if the employee were actively at work. This case, here, is a prime example.

What happened? The employee requested leave for birth of her child, and the leave was granted. While on leave, however, the employee visited the employer's premises. While there, she took home six cases of sample baby formula (yes, the employer produces baby formula), and doing so was a clear policy violation (think – stealing). A co-worker reported the misconduct, and an investigation resulted in the employee's termination. The employee then sued, claiming that she was terminated while on FMLA leave and thus the termination was unlawful.

The Court disagreed and granted the employer summary judgment, dismissing the case even before a trial. The employee claimed that other employees had likewise taken samples, but the Court noted that the employer was not aware of such misconduct on the part of others and had disciplined employees who had engaged in similar conduct of which it was aware. The employee claimed that a manager's remark ("I thought you were done having babies") when she requested leave showed a retaliatory motive. The Court disagreed, calling it no more than a slight, which is not sufficient to raise a retaliatory motive, and certainly not sufficient to overcome the employer's asserted reason for termination.

Lesson?

  • A leave under the FMLA does not insulate an employee from the consequences of misconduct if the employer would have taken the action anyway, regardless of the leave.
  • Proceeding with an investigation into the misconduct while the employee is on leave is often the better option rather than awaiting the employee's return (or announced return) and then beginning the investigation.
  • The employer had enforced the policy violation consistently, a key element.
  • Note that the violation was not one sample can, but rather six cases (36 cans). While arguably irrelevant from a technical standpoint, the amount of sample taken was likely significant from a practical standpoint.

For more Labor and Employment information, visit www.BassBerryLaborTalk.com.


Related Professionals

Related Services

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.