FMLA Does Not Protect Employee From Dismissal Due to Misconduct
A court in Indianapolis found that the plaintiff, who was on approved FMLA leave at the time she was discharged from employment for prior acts of theft of food pantry donations--which violated the city's code of ethics--failed to prove that she had not violated city policies and that she would have retained her job had she not taken FMLA leave. The court granted summary judgement in favor of the city of Indianapolis on the plaintiff's FMLA retaliation claim despite the timing of her dismissal that occurred just a few weeks after her request of leave because the city's investigation into the theft allegations against her predated her request for FMLA leave. The summary judgement was also appropriate on the Title VII claim alleging race discrimination because the plaintiff failed to establish that her dismissal was motivated by race or that similarly situated White employees were treated more favorably under the city's policies. The court’s decision affirms that the F...