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ARTICLE · 17 MARCH 2022

Employee's Poor Performance Trumps FMLA Claim

Ogletree, Deakins, Nash, Smoak & Stewart
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On March 9, 2022, the U.S. Court of Appeals for the Seventh Circuit issued an employer-friendly decision in Anderson v. Nations Lending Corporation.

United StatesEmployment and HR
Keith E. Kopplin
Keith E. Kopplin
Kayla McCann
Kayla McCann
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On March 9, 2022, the U.S. Court of Appeals for the Seventh Circuit issued an employer-friendly decision in Anderson v. Nations Lending Corporation. Despite some facially bad facts-including that the employee was discharged only four days after returning from leave under the Family and Medical Leave Act (FMLA) and subject to a supervisor's comments about her being "sick a lot"-the court affirmed summary judgment in favor of the employer. The case underscores the long-standing legal principle that an employer may discharge an employee if the employee would have been discharged regardless of having taken leave.

Background

In January 2017, Nations Lending Corporation (NLC) hired Tracy Anderson to work as a pre-fund underwriting auditor. Throughout her first year of employment, Anderson exhibited performance deficiencies in her work. Though Anderson never received formal discipline or counseling for her actions, her supervisor provided her with ongoing training.

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