The Family and Medical Leave Act – Refusal to rehire protected employee proves costly

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Abstract: For employers, the process of granting an employee leave under the Family and Medical Leave Act (FMLA) can be precarious. The risk of making a legal misstep can heighten even further when an employee is terminated following FMLA leave and then attempts to regain employment. This article explores the case of Jackson v. City of Hot Springs, in which the U.S. Court of Appeals for the Eighth Circuit considered whether a plaintiff had established that he’d been retaliated against for taking FMLA leave when his employer refused to rehire him. Jackson v. City of Hot Springs, Nos. 13-1772, 13-1875, May 12, 2014 (8th Cir.)