Call The Right Attorney™
No Fee Guarantee

Can I Be Fired During FMLA Leave For A Reduction In Force?

by | Jan 21, 2025 | Employment Discrimination, Employment Law, Family Medical Leave Claims, Retaliation, Wrongful Termination |

You are on FMLA leave, recovering from surgery or caring for a loved one, and then the unexpected happens—your employer tells you your job has been eliminated due to a reduction in force (RIF). Is this legal? The answer depends on whether the RIF is legitimate or just an excuse to fire you.

In Debbie Lutz v. Mario Sinacola & Sons Excavating, Inc., 2024 WL 4799471, the United States Court of Appeals for the Fifth Circuit addressed this exact scenario. The Fifth Circuit’s decision highlights how employers can justify terminating employees during FMLA leave while providing important lessons for employees who suspect wrongdoing.

In this case, Debbie Lutz had worked for Mario Sinacola & Sons Excavating, Inc. (MSSE) since 2012. Her administrative assistant role in the company’s Fuel Oil and Grease (FOG) Division was newly created by redistributing tasks that were previously handled by others. In early 2020, Lutz suffered a hip injury that required surgery. She took FMLA leave beginning in February, with her doctor later extending her leave until late April.

While she was on leave, the COVID-19 pandemic hit hard. MSSE’s business slowed, and the company decided to implement a RIF. Lutz’s position was one of the jobs eliminated. In April, she was informed that her job was being cut due to the RIF.

Lutz didn’t believe it. She argued that the RIF was a pretext and that her employer fired her because she was on FMLA leave. She pointed to the fact that her duties were reassigned to another employee, Elizabeth Moreno. MSSE countered by saying her role was unnecessary and that her tasks were simply redistributed among existing employees. The Fifth Circuit Court of Appeals sided with MSSE, finding no evidence of retaliation.

What Does The Law Say About FMLA And RIFs?

The Family and Medical Leave Act (“FMLA”) protects employees from being fired because they take leave. Doing so is called FLMA retaliation and amounts to a wrongful termination. However, the FMLA does not shield employees from legitimate business decisions. Employers can terminate employees during FMLA leave if the reason is unrelated to their leave.

In Lutz, the United States Court of Appeals for the Fifth Circuit relied on the principle that “[a] terminated employee has not been ‘replaced’ when his position is eliminated and his former duties are distributed among other co-workers,” such as in reduction in force cases. Rexses v. The Goodyear Tire & Rubber Co., 401 F. App’x 866, 868. Evidence showed that Lutz’s tasks were either returned to employees who had handled them before or spread among existing staff. Without evidence to suggest otherwise, the Court found MSSE’s explanation credible.

Best FMLA Attorney Blogs on Point:

What Should You Know About Pretext?

If you think your termination was illegal, proving pretext is key. Pretext means the employer’s stated reason for firing you was not the real reason. You can show pretext by:

  1. Inconsistent Explanations: If an employer changes its story about why you were fired, that’s a red flag. In Lutz, MSSE consistently maintained that her position was unnecessary and that the company faced financial strain. This consistency worked in the employer’s favor.
  2. Criteria for Termination: A lack of clear criteria for deciding who gets laid off can be suspicious. Lutz argued this point, but the Court found no additional evidence to back it up.
  3. Disparate Treatment: If others in similar situations were treated differently, it could suggest discrimination. The case didn’t address whether other employees on leave were affected, which could have been critical to Lutz’s argument.

One detail missing from Lutz was the scope of the RIF. The Fifth Circuit Court of Appeals did not address how many employees, if any, besides Lutz, were terminated. This omission leaves open questions.

If Lutz had been the only employee let go or was let go with other employees using FMLA or a disability accommodation, it would strengthen the argument that the RIF was a pretext for targeting her. On the other hand, if many employees were affected and the company used consistent, objective criteria, it would bolster the employer’s case. Courts often examine whether employers apply termination criteria uniformly. Without clear information about the size of the RIF, Lutz had a harder time challenging MSSE’s justification.

This highlights how critical it is for employees to gather facts. If you suspect a RIF is being used as an excuse, find out whether others were terminated, how decisions were made, and whether criteria were applied consistently. A skilled employment lawyer can help uncover these details.

Best Wrongful Termination Lawyer Blogs on Point:

What Should I Do If I Suspect My Termination Was Unlawful?

If you believe your employer used a RIF as a cover to fire you unfairly, start by documenting everything. Save emails, termination letters, and notes from meetings. If you notice your duties being reassigned or someone else filling your role, write it down.

Next, consult an experienced employment lawyer. An attorney can analyze your case, identify evidence of pretext, and help you fight back. Employers often hope employees won’t question their decisions. Having the right legal representation ensures your rights are protected.

If you are searching online for “how do I find the best lawyer for wrongful termination near me,” you are already taking the right step to protect your rights. Spitz, The Employee’s Law Firm, is one of the largest firms in the country dedicated exclusively to employee rights. That means we have the resources and experience to take on even the largest employers.

When you call Spitz, you will receive a free initial consultation, so you can talk to an attorney without financial risk. Our no fee guarantee ensures you don’t pay unless we win your case. With a track record of great results and attorneys who genuinely care, Spitz is here to fight for you. If you believe you were wrongfully fired or targeted unfairly in a RIF, call us today.

Employment Attorney Disclaimer

This employee rights blog provides general information about FMLA rights and employment law and should not be taken as legal advice. Every discrimination, harassment, and wrongfully firing case is unique, and you should consult with a qualified employment lawyer for advice tailored to your situation. No guarantees or promises are made about the outcomes of any case. This retaliation and FMLA blog is a legal advertisement for Spitz, The Employee’s Law Firm. If you believe you were wrongfully fired, faced employment discrimination, or experienced retaliation, contact an experienced attorney today to protect your rights and explore your legal options.