The manager of a hair salon was terminated after informing
her employer that she would be unable to return to work after a medical leave.
The manager had been experiencing knee problems and learned that she would need
surgery to remove a growth from her knee. When she told the area manager about
this, the area manager blew up and told the manager that the store was too busy
to allow her to take time off for surgery. The manager attempted to have the
surgery rescheduled, but her surgeon told her that the condition needed
immediate attention. Upon hearing this, the area manager told the store
The manager of a hair salon was terminated after informing
her employer that she would be unable to return to work after a medical leave.
The manager had been experiencing knee problems and learned that she would need
surgery to remove a growth from her knee. When she told the area manager about
this, the area manager blew up and told the manager that the store was too busy
to allow her to take time off for surgery. The manager attempted to have the
surgery rescheduled, but her surgeon told her that the condition needed
immediate attention. Upon hearing this, the area manager told the store manager
that she was being selfish and repeatedly yelled at her over the phone. The
leave lasted longer than expected due to complications. By the time the store
manager had exhausted her twelve weeks of leave, her doctor determined that she
would be able to perform only seated work. Formerly, the store manager had
spent about 90 percent of her time cutting hair. The employer terminated the
manager for exhausting her FMLA leave and not providing a medical clearance to
return to work. The letter from her Chapter 18: Terminating Individual
Employees 627 doctor regarding medical restrictions was received by the
employer five days after the manager had been terminated for exhausting her
leave and not providing a medical clearance form allowing her to return to
work. The former manager sued. What should the court decide? Why?
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