Even the Appearance of Setting an Employee up for Failure can be Costly in Litigation

In lawsuits, the facts matter.  Sierra High School employed Patti Hartman as its assistant principal.  Dr. Griffen was the principal and Hartman’s direct supervisor.  On November 4, 2014, Hartman suffered some injuries requiring her to miss work intermittently in November of 2014 and January 2015.

On January 14, 2015, Dr. Griffen met with her to discuss his intent to place her on a “Growth Improvement Plan.”  She was ultimately placed on that Plan on February 9, 2015.  It was during the February 9, 2015, meeting that Hartman said she would “formally” apply for leave under the Family and Medical Leave Act, which she did.  She applied for and was granted FMLA leave from February 11 through April 9, 2015.  However, because she ran out of paid leave, she returned to work early, on March 20, 2015. Continue reading