Extreme Reaction to Stray Dog Should Have Signaled Serious Health Condition

( Categories : FMLA )
An employer who fired a model worker after an “explosive” and emotional reaction to a stray dog entering her worksite may be on notice that the worker was suffering from a serious health condition under the Family and Medical Leave Act, rules the Seventh Circuit. The employee had no documented history of misconduct or health problems, until the dog climbed through a window and approached her at work. The employee became agitated, spraying a room deodorizer and yelling and cursing when her supervisor approached. The employee initially took some leave, but on her return demonstrated more erratic behavior, making co-workers so concerned that they locked her out of the building. She was subsequently terminated. In returning the case to a lower court, the Seventh Circuit says that a trial “could find that her behavior was so bizarre that it amounted to constructive notice of the need for leave.” Stevenson v. Hyre Electric Co.