"11th Hour Change of Heart" Forms the Basis for FMLA Claim
1 min read
Dec 1, 2011
As a result of the economic downturn, an employer sought to lay off various staff. A supervisor indicated that it would be “an obvious choice” to eliminate an employee in the communications department because the employee’s duties had changed significantly and the employer had stopped work on one of his core campaigns. After the employee was selected for layoff, a communications director notified the employer of his need for time off for knee replacement surgery. The employer then made a last-minute decision to lay off the communications director in lieu of the previously selected employee. The communications director sued, claiming that the employer had violated the Family and Medical Leave Act (FMLA). The U.S. Court of Appeals for the Seventh Circuit found that the record contained sufficient evidence to create triable issues where: (1) the employer had originally identified a co-worker for termination, but then selected the communications director shortly after he announced intention to take FMLA leave; (2) management backdated a memo to make it appear that the termination decision was not influenced by the leave request; and (3) the employer gave an inconsistent explanation regarding the termination. When an employer decides to terminate an employee not originally slated for layoff, it should make sure that the employment action is accurately and timely documented and that the employer’s thought process is consistent, precise and well-reasoned.
Shaffer v. American Medical Association, No. 10-2117 (7th Cir. Oct. 18, 2011)
Topics
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Press Release
Apr 2, 2026
Michelle Michaels Selected to Participate in DWLA Business Development Program

Consumer Crossroads: Where Financial Services and Litigation Intersect
Apr 2, 2026
Governor Hochul Signs Chapter Amendment to the New York FAIR Business Practices Act

Healthcare Alert
Mar 26, 2026
Are You Beyond the Red Line? Mastering Your FQHC’s Scope of Project to Avoid Noncompliance

Webinar
Mar 24, 2026
David Alfini on How Regulatory Citations Become Senior Living Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 18, 2026
How Should Entities Prepare for California’s New DFAL Licensing Requirement?





![[VIDEO] Lucy Wang Featured in Business Interview TV Series](/a/web/28aUdvEJH2Txwy8MGsu35J/bo3TFX/featured-in-the-business-insurance-business-interview-series-insights.jpg)
