Attorney James Sabatini secured a $250,000 settlement for his client in a FMLA lawsuit. The FMLA prohibits employers from using the FMLA as a negative factor when deciding whether or not to terminate an employee. In other words, if an employer is deciding whether or not to terminate, the employer must exclude the employee's use of FMLA in its decision-making process. In this case, the employer considered and applied the employee's use of FMLA as a negative factor when deciding to select the client for a reduction in force. Had the employer not considered the FMLA as a negavtive factor, the employee would not have been selected for the reduction in force as the employee's was a strong performer.
