Compliance Stuff

The Family and Medical Leave Act (FMLA) provides critical job-protected leave for employees facing serious health conditions or family needs. However, the protections of the FMLA are not absolute, and employees may find themselves without its shield when an employer honestly believes they have engaged in FMLA fraud. A recent case from the U.S. Court of Appeals for the Sixth Circuit offers a cautionary tale for both employers and employees about the consequences of FMLA fraud and the importance of maintaining integrity in the administration of leave. Quick Hits The U.S. Court of Appeals for the Sixth Circuit has ruled that an employee on FMLA leave may be discharged based on the employer’s honest belief that the employee has lied about the need for such leave. The FMLA protects eligible employees from retaliation or interference when taking qualified leave, but it does not insulate employees from discipline for fraudulent or dishonest conduct. Employers may investigate suspected FMLA ab...

Takeaways In the wrongful discharge case of  Méndez Ruiz v. Techno Plastics Industries, Inc.,  the Court found an employee’s exhaustion of the 12-month Workers’ Compensation leave is not automatic grounds for a just cause termination. Puerto Rico does not recognize employment-at-will. Just cause analysis is necessary for terminations in Puerto Rico. Related link Méndez Ruiz v. Techno Plastics Industries, Inc. Article The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico.  Méndez Ruiz v. Techno Plastics Industries, Inc. ,  No. 2025 TSPR 68 (June 26, 2025). Puerto Rico does not recognize employment-at-will. The Court reiterated that companies must establish the reasons for termination are not arbitrary, capricious, or unrelated to legitimate business reasons . Under Law No. 80 of May 30, 1976, the Puerto Rico Unjust Dismissal statute, employers must have “just cause” for dismissal of...