A federal appeals court upheld an Ohio township’s termination of an employee for misusing leave under the Family and Medical Leave Act, citing the township’s honest belief that he had abused his FMLA rights. In Porter v. Jackson Township Highway Department, the U.S. Court of Appeals for the Sixth Circuit credited a private investigator’s video showing plaintiff Shawn Porter lifting and carrying items and doing construction work while on medical leave for a shoulder injury.
After his injury outside work, Porter took FMLA leave. When he returned, he took vacation and unpaid leave before he was eventually fired. He sued, claiming retaliation for taking leave, but the district court granted summary judgment for the township, and the Sixth Circuit affirmed.
Porter argued that his actions complied with his doctor’s limitations. However, the court found that the township’s investigation—which it shared with Porter during a due-process hearing that included union representation and a rebuttal opportunity—supported a fact-based, legitimate termination.