The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently interpreted the Family and Medical Leave Act (FMLA) in a case involving an interesting set of facts. The employer altered an employee’s position while he was on leave, but his compensation was frozen at a pre-leave level for six months. He was subsequently terminated for non-FMLA reasons. Because his compensation never changed, however, the court found no harm, no foul.
Facts
Nathan Hickey filed a lawsuit against his employer, Protective Life Corp., alleging interference with his rights and retaliation under the FMLA. He sold warranty and insurance products to auto dealerships for the company, and his territory included two well-established accounts.
