A jury verdict of retaliation by a company that fired an employee who used Family and Medical Leave Act (FMLA) leave was properly rejected by the trial court because of the employee’s prior performance issues, the 4th U.S. Circuit Court of Appeals ruled.
The plaintiff worked for Rand Construction Corp. for more than eight years as an administrative assistant to Rand’s CEO and founder. She coordinated the CEO’s schedule, e-mails and calendar.
In 2016, the CEO began having serious concerns regarding the plaintiff’s performance.