Getting caught lying to your employer is never a good idea. It is the workplace version of lighting a match in a fireworks factory—you are not going to like the outcome. Whether it is calling off sick to go to a ballgame (and then showing up on TV), posting beach selfies during “bereavement leave,” or bragging online about your “fake PTSD claim,” sooner or later, the truth comes out—and the pink slip comes with it.
But even if you are not waving red flags on social media, lying about the medical necessity of FMLA leave is still lying. And if your employer can prove that your “totally disabled” status was a cover story while you were out lifting, cutting, and digging concrete, you can absolutely be fired. That is exactly what happened in Porter v. Jackson Township Highway Department, No. 24-3524, 2025 WL 1742934 (6th Cir. June 24, 2025).
Shawn Porter worked a heavy manual labor job for Jackson Township’s Highway Department. After a shoulder injury and surgery unrelated to work, his doctor certified him as “totally disabled” and he took FMLA leave starting February 18, 2021. When his FMLA leave ran out, he used vacation and then unpaid leave while still claiming disability.
But his employer received tips that Porter was doing construction work. They hired a private investigator who filmed Porter lifting, carrying, using tools, bending, and operating a concrete saw—things totally inconsistent with his certified restrictions. As the Court noted, “[Appellees] honestly believed, based on the investigator’s particularized observations and video recording, that Porter violated his medical restrictions.” Id. at 4.
Porter’s termination followed a pre-disciplinary hearing where he was represented by his union, and the Township concluded that he had “abused the privilege” of unpaid leave while receiving extended medical benefits. Porter sued for FMLA retaliation and wrongful termination.
What Is the FMLA and What Does It Protect?
The Family and Medical Leave Act (“FMLA”) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain medical or family reasons. It covers serious health conditions that make the employee unable to perform the essential functions of their job. But FMLA protection is not a “get out of work free” card. The law protects employees who genuinely need time off—it does not shield those who misrepresent their condition to take advantage of the system.
Best FMLA Attorney Blogs on Point:
- Can You Win An FMLA Claim If Your Leave Request Is Made After You Quit?
- Can I Be Fired During FMLA Leave For A Reduction In Force?
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
Can My Employer Fire Me for Doing Physical Work While on FMLA Leave?
Yes. If your employer has credible evidence that you are performing tasks inconsistent with your claimed medical restrictions while on FMLA leave, they may discipline or fire you. Courts will uphold those actions when the employer had an honest belief based on facts, even if you think you were doing something minor or just helping out family. In Porter, the Sixth Circuit emphasized: “we ask not whether there was an actual violation, but whether Appellees reasonably believed that there was an actual violation.” Id.
It is important to understand that FMLA does not give you a free pass to ignore the very medical restrictions that justified your leave in the first place. If you are seen violating those restrictions—by operating heavy equipment, lifting beyond your limits, or doing construction work—you run the risk of appearing dishonest. And once your honesty is in question, so is your job.
If your medical condition improves or you think you can return to light duty, the right step is to get updated medical documentation and notify your employer—not to quietly “test your strength” by doing physical labor on your time off. Even if your intentions are innocent, it could look like fraud, and that puts your job at serious risk.
Best FMLA Retaliation Lawyer Blogs on Point:
- Yes, You Can Be Fired For Fraudulently Taking FMLA Leave
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- Can I Do Other Things Besides Provide Care While On FMLA?
- Can Employees Go On Vacation While On FMLA?
Do Employers Have to Conclusively Prove That I Violated My Medical Restrictions to Fire Me?
No. Porter claimed that his actions—chalk lining, measuring, and showing someone how to cut concrete—were just “light duty.” But that argument failed. The Court did not require the employer to prove every pound lifted—it only cared whether the Township reasonably believed Porter had violated his restrictions. And the video footage of Porter using a concrete saw was enough to end the argument.
The Sixth Circuit Court of Appeals in Porter noted that employers do not have to “leave no stone unturned.” They can rely on available evidence like video footage, comparable tools, or manufacturer specs to make a reasonable judgment. “We do not require that the decisional process used by the employer be optimal,” the Court said, just that it be “reasonably informed.”
Best Wrongful Termination Law Firm Blogs on Point:
- When Do I Have To Notify My Job Of My FMLA Request?
- What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?
- What Is The Difference Between FMLA “Interference” And “Retaliation”?
What Is The Honest Belief Rule?
The “honest belief rule” is a legal principle in employment law that protects employers who take adverse action against an employee based on a sincere and reasonably grounded belief that the employee engaged in misconduct—even if that belief turns out to be mistaken. The key is whether the employer’s belief was based on specific and credible evidence available at the time of the decision.
In the Porter case, the Sixth Circuit relied heavily on this rule. The court found that the employer had a legitimate and documented basis for believing that Porter violated his medical restrictions while on FMLA leave. This included video surveillance, witness observations, and the employer’s own comparison to equipment specifications. “The burden of production thus shifted to [Porter] to demonstrate that [Appellees’] reliance on those facts was unreasonable,” the court wrote. “This [Porter] has been unable to do.” Id. at 4.
For employees, this means that the appearance of misconduct—even if unintended—can be enough to justify termination if your employer’s belief is honestly and reasonably formed. That is why it is essential to follow all restrictions, document your condition, and avoid even the perception of dishonesty while on leave.
Is My Employer Allowed to Investigate Me While I’m on FMLA Leave?
Yes. Under the Family and Medical Leave Act, employees have the right to take protected leave for qualifying medical conditions, but that protection comes with a major caveat: employers have the right to investigate if they suspect abuse. The law draws a firm line between legitimate medical leave and fraudulent or misleading claims. That means if your employer hears you are out building decks, swinging sledgehammers, or operating machinery while claiming to be too disabled to work, they can absolutely look into it.
The Sixth Circuit Court of Appeals made this crystal clear in Porter v. Jackson Township Highway Department, stating: “Nothing in the FMLA prevents employers from ensuring that employees who are on leave from work do not abuse their leave.” 2025 WL 1742934, at 4 (quoting Seeger v. Cincinnati Bell Tel. Co., LLC, 681 F.3d 274, 284 (6th Cir. 2012)). Employers are not required to turn a blind eye when there is reason to believe that an employee is misusing their medical leave. This can include hiring private investigators, requesting documentation, or requiring return-to-work certifications.
So, if you are on FMLA leave, do not assume your time away from work is beyond scrutiny. Be honest, stick to your medical limitations, and do not give your employer a reason to question whether your absence is justified. If you are ever in doubt, talk to your doctor—and seriously consider speaking with an employment lawyer who can help you protect your rights and your job.
Best Work Retaliation Lawyer Blogs on Point:
- Can My Job Conduct Surveillance While I’m Out On FMLA?
- FMLA Retaliation Tips – Call The Right Attorney.
Should I Hire an Attorney If I’m Being Investigated While on FMLA?
Absolutely. Once your credibility is questioned, the stakes become very high. It is no longer just about medical documentation—it becomes a legal battle where every word, every restriction, and every minute of footage can be scrutinized. An experienced employment lawyer can help guide you through this process, preserve your job, or build a strong case if you are wrongfully fired.
At Spitz, The Employee’s Law Firm, we focus exclusively on representing employees. We are one of the largest firms in the United States dedicated solely to employee rights. Our team brings vast trial experience, a track record of success, deep compassion for our clients, and a no-fee guarantee. Your first consultation is free, and you have nothing to lose by finding out how we can help. Don’t wait until it is too late—if you are under investigation or concerned about wrongful termination, call Spitz now.
Employment Lawyer Disclaimer
This employee’s rights blog provides general information on employment law, FMLA rights, wrongful termination, and employee protections. It is not legal advice. No attorney-client relationship is created by reading this blog. Because employment discrimination, FMLA retaliation, or being wrongfully fired often involve complex facts, readers should consult with a qualified employment lawyer for personalized legal guidance. Spitz, The Employee’s Law Firm makes no promises or guarantees. Keywords such as “employment lawyer,” “attorney,” “best,” “employee,” “employer,” “employment discrimination,” “wrongful termination,” “FMLA,” and “wrongfully fired” are used to optimize this legal advertisement and help employees find relevant legal help.