Demotion 7 Months After Leave? Not Retaliation, Court Says

[cheryl]

Demotion 7 Months After Leave? Not Retaliation, Court Says - HR Daily Advisor

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).

 

[trickpony1]

I wonder if the Court considered that the company has nothing but time and can/will wait until it suits their purpose to retaliate?

This ruling obviously works in the company's favor.

 

[Catatonic]

I wonder if the Court considered that the company has nothing but time and can/will wait until it suits their purpose to retaliate?

This ruling obviously works in the company's favor.

That's what they always count on.

 

[trickpony1]

I wonder what the company did to "romance" the judge into making such a favorable decision?