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Go ahead and bookmark this post for top FMLA cases of 2017
The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act.
In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes is misusing FMLA — even if the employer’s suspicion of FMLA fraud turns out to be wrong. That’s not FMLA retaliation.