Takeaway: This case shows that a retaliatory search cannot support termination, even if it reveals misconduct.
The 3rd U.S. Circuit Court of Appeals reinstated the retaliation claims of an employee who was fired after he sued his employer, even though the employer discovered misconduct in the worker's text messages.
The plaintiff, a Black man, worked for Samuel Grossi and Sons Inc., a steel producer, for 10 years. He had serious back problems. He claimed that throughout his tenure Grossi management prevented him from accessing forms pertaining to the Family and Medical Leave Act (FMLA) and harassed him when he tried to use FMLA leave for his back problems.
The plaintiff obtained FMLA forms on his own and notified Grossi management that he was claiming FMLA leave. Grossi's director of human resources testified that she never approved FMLA leave for the plaintiff, but that he took FMLA anyway and that she let him take FMLA leave and did not assess any attendance points against him for doing so.
Occasionally, when demand for Grossi's products was low, Grossi laid off employees. A collective bargaining agreement between Grossi and a labor union dictated that layoffs occur in order of seniority. On one occasion, the plaintiff was laid off, but only for a day.
In March 2019, the same month as the plaintiff's one-day layoff, the plaintiff filed a charge of discrimination and retaliation with the Equal Employment Opportunity Commission. He then filed a federal lawsuit alleging...
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