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Can a phony doctor’s note received in connection with FMLA leave justify discharge? (December 3, 2001)

Issue: An employee provides you with an obviously forged doctor’s note in connection with his Family and Medical Leave Act (FMLA) request. His employment is terminated based on his dishonest act — the submission of the phony note. The former employee subsequently sues your company, alleging unlawful retaliation for exercising his FMLA rights. Does he have a case?

Answer:   Probably not, according to a case that came before the federal district court in Pennsylvania. Although an employee in this situation was able to establish a prima facie case of retaliation, given the proximity between his FMLA leave request and his termination, his employer demonstrated a legitimate and nondiscriminatory reason for discharging him—the good-faith belief that the employee falsified the doctor's note in order to obtain sick pay.Because the employee in this case did not offer proof that his employer’s reason for terminating him was a pretext to retaliate against him for his FMLA leave or for a prior disciplinary grievance, the employee could not proceed with his claim.Be sure you have legitimate and nondiscriminatory reasons justifying any adverse employment actions you need to take. A disgruntled employee typically has the burden of proving that your reason is merely an excuse to hide an improper motive, so you should always maintain a good-faith belief that your actions are warranted by the facts.

Cite:  Baltuskonis v US Airways, Inc. (EDPa 1999) 139 LC 33,944.