When an employer unlawfully discharges an employee it almost always makes up some type of purported or pretextual reason for the discharge. An adverse finding regarding the lawfulness of the discharge usually do not deter employers from nevertheless arguing that they acted in good faith. The Sixth Circuit got enough of this in its recent decision Thom v. American Standard, Inc., Nos 09-3507/3508 where it remarked as follows:
Pretextual reasons for discharge manufactured after the fact in order to justify an earlier wrong are not consistent with good faith. ... Pretextual reasons are equivalent to reasons "not held in good faith."
And so in Thom the Sixth Circuit directed that liquidated damages be assessed against the employer for its violation of the FMLA.
Thom was also discussed in two earlier posts: Employer's Pretextual Reason for Discharge Warranted Liquidated Damages for FMLA Violation, Sixth Circuit Rules and FMLA Violated by Employee's Termination, Sixth Circuit Rules.
Robert L.
Abell
www.RobertAbellLaw.com
