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Demotion 7 Months After Leave? Not Retaliation, Court Says
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<blockquote data-quote="cheryl" data-source="post: 2472964" data-attributes="member: 1"><p><a href="http://hrdailyadvisor.blr.com/2016/11/16/demotion-7-months-leave-not-retaliation-court-says/" target="_blank"><strong>Demotion 7 Months After Leave? Not Retaliation, Court Says - HR Daily Advisor</strong></a></p><p></p><p>When a court evaluates whether an employer has retaliated against an employee for taking medical leave, it often considers “temporal proximity”—that is, how soon an adverse action followed leave or a leave request.</p><p>Accountability</p><p></p><p>And while there is no bright-line rule for just how close those events need to be to suggest retaliation, a span of 7 months is definitely too long, the 6th U.S. Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—held in Tennial v. United Parcel Service, No. 15-6356 (6th Cir. Oct. 24, 2016).</p></blockquote><p></p>
[QUOTE="cheryl, post: 2472964, member: 1"] [SIZE=5][B] [/B][/SIZE][URL='http://hrdailyadvisor.blr.com/2016/11/16/demotion-7-months-leave-not-retaliation-court-says/'][B]Demotion 7 Months After Leave? Not Retaliation, Court Says - HR Daily Advisor[/B][/URL] When a court evaluates whether an employer has retaliated against an employee for taking medical leave, it often considers “temporal proximity”—that is, how soon an adverse action followed leave or a leave request. Accountability And while there is no bright-line rule for just how close those events need to be to suggest retaliation, a span of 7 months is definitely too long, the 6th U.S. Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—held in Tennial v. United Parcel Service, No. 15-6356 (6th Cir. Oct. 24, 2016). [/QUOTE]
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Demotion 7 Months After Leave? Not Retaliation, Court Says
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