Employee rights, employer pressure, and Family and Medical Leave Act (“FMLA”) medical leave do not rise up in moments of calm. They hit during the messy parts of life: when a sick child needs surgery, when a parent suddenly requires care, when an employee is stretched between home and work like an old rubber band ready to snap. Employment law becomes very real in those moments. For an employee who feels wrongfully fired after stepping away to care for family, the experience is not theoretical. It is personal, frightening, and often deeply confusing.
In Patricia Haran v. Orange Business Services, Inc., 2025 WL 3275122, the United States Court of Appeals for the Second Circuit considered the story of a Senior Account Manager trying to balance high-stakes corporate accounts with the medical needs of her daughter and mother. Haran took eight and a half days of medical leave across several months, all approved. During this same period, she started receiving heavier scrutiny on one of the employer’s largest accounts, was told that her performance raised concerns, and later received a midyear review rating of “improvement needed.” She was then terminated.
Haran claimed FMLA interference and retaliation. The employer argued performance. The district court granted summary judgment to the employer, and the Second Circuit affirmed. The Court held that the record showed no link between her medical leave and the criticism she received. The Court also held that although the employer failed to provide the FMLA notices it should have, Haran suffered no legal prejudice. And finally, the Court held that there was no evidence of pretext behind her termination.
This blog uses the Haran case to explain what evidence courts look for, how this employer avoided liability, and how employees can strengthen their own claims when performance reviews become entangled with medical leave.
Can Job Pressure Or Threats To Remove Accounts Count As FMLA Interference?
Many employees believe that when an employer increases pressure right after medical leave, something unlawful must be happening. But the legal question is narrower. The Second Circuit held that “criticizing, even berating an employee’s substantive job performance is not enough to assert a claim for interference under a discouragement theory.” Haran, 2025 WL 3275122 at 4. For interference, the pressure must connect to the medical leave.
Haran argued that she felt discouraged from using more medical leave because her supervisor began checking frequently on major assignments, questioned her ability to maintain pace on the Pfizer account, and warned that she might lose that account. The Court, however, noted that her supervisor “encouraged her to just take the time she needed” and “never made negative comments about her taking days off.” Id. None of the scrutiny mentioned her absences. Without such a link, the case faltered.
Another part of the Court’s holding makes this even clearer: “the FMLA is not a shield to protect employees from legitimate disciplinary action by their employers if their performance is lacking in some manner unrelated to their FMLA leave.” Id. at 4 (holding). This framed the entire analysis. The employer had documented concerns about her management of the Pfizer account, and those concerns predated the medical leave.
Employees frequently lose discouragement claims because they rely on feelings rather than evidence. Haran believed that the “lack of focus” comment referred to her daughter’s illness. But when she challenged her supervisor, he said he meant she should have strengthened the Pfizer relationship to overcome the contractual impasse. Without something contradicting that explanation, courts must accept the employer’s account.
Practical Tip: Employees should keep contemporaneous notes of conversations that suggest their employer is tying performance issues to medical leave. A good attorney can use detailed, written recollections to establish the objective link courts require.
Best FMLA Interference Lawyer Blogs on Point:
- What Is FMLA Interference And How Do I Prove It?
- What Is An FMLA Interference Claim?
- What Is The Difference Between FMLA “Interference” And “Retaliation”?
Does My Employer Break The Law By Not Giving FMLA Eligibility Notices?
Many employees have no idea that employers must provide FMLA eligibility notices within five business days of learning that leave might qualify. When employers skip that requirement, employees often assume the case is strong. The law requires more. The Second Circuit held that failure to provide notice is interference “only if an employee was prejudiced by this failure.” Id. at 5.
Haran argued that she would have taken formal FMLA medical leave if she had been told she qualified. The Court focused on whether the missing notice changed her ability to use FMLA rights. The record showed that she took every day off that she requested, she had not exhausted her paid leave, and she had previously received general FMLA information at hiring. The Court held that “any lack of notice thus did not affect Haran’s exercise of or attempt to exercise any substantive right conferred by the FMLA.” Id. at 5 (holding).
The ruling highlights a familiar difficulty for employees: proving prejudice. Courts look for evidence that notice would have changed how the employee behaved. For example, employees may show that they would have structured their leave differently, taken more time, or sought reinstatement protections. Haran did text a coworker that she “should have taken family medical leave off but did not want to let the company down,” but this comment did not show that the employer caused the hesitation or that notice would have altered the outcome.
Employees in similar situations often strengthen their claims by documenting how the lack of notice changed their decisions. Courts need that link. Without it, even a clear violation of the notice requirement may not create liability.
Practical Tip: Employees should ask for FMLA paperwork in writing and save records of how lack of information affects decisions about medical leave. These details can supply the prejudice element the law requires.
Best Medical Leave Attorney Blogs on Point:
- When Do I Have To Notify My Job Of My FMLA Request?
- Can My Job Deny Reinstatement After FMLA Leave?
- What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?
How Do I Prove My Employer Used Performance As A Cover For FMLA Retaliation?
Retaliation claims often feel intuitive to employees. Medical leave is followed by criticism, then termination, and the connection seems obvious. But the legal standard demands proof that the employer’s stated reason is false and that retaliation is the real reason. The Second Circuit applied the McDonnell Douglas framework and held that Haran “has not adduced evidence showing that [the employer’s] legitimate, non-discriminatory explanation for terminating her was pretextual.” Id. at 6 (holding).
The employer said it terminated her because she was not expected to meet her 2021 sales quota. Haran argued that performance concerns intensified only after her medical leave. But the Court emphasized that her supervisor began voicing concerns in July 2020, months before her daughter’s illness. The Court also held that “temporal proximity alone is insufficient to defeat summary judgment at the pretext stage.” Id. at 6. Courts want something more: inconsistency, shifting explanations, or comparative evidence showing that similarly situated employees were treated better.
Retaliation claims collapse when the employer has clean documentation and the employee has none. Haran needed evidence showing that the performance rationale was weak, inaccurate, or applied unevenly. Employees who maintain their own performance logs, emails showing praise, or proof that expectations changed immediately after medical leave can often expose pretext in ways Haran could not.
Practical Tip: Employees should save performance metrics, praise, and pre-leave evaluations. When expectations rise sharply only after medical leave, that contrast can provide the causal link courts demand.
Best FMLA Retaliation Law Firm Blogs on Point:
- Can My Job Deny Reinstatement After FMLA Leave?
- Can You Win An FMLA Claim If Your Leave Request Is Made After You Quit?
- Can Using FMLA Block Previously Set Termination?
Why Should I Choose An Attorney When I Suspect FMLA Violations?
Employees facing wrongful termination, medical leave pressure, or discrimination often feel overwhelmed even before they consider calling a lawyer. That hesitation is understandable. Yet choosing the right attorney early in the process can shape the outcome. Spitz, The Employee’s Law Firm is one of the largest firms in the United States dedicated exclusively to employee rights. Because of that focus, employees gain access to a team with resources, strategic depth, and experience that many smaller offices simply cannot match. Our lawyers understand how employers hide retaliation behind performance reviews, distort medical leave policies, and shift rationales to avoid responsibility.
Clients benefit from a free initial consultation and a no fee guarantee. The firm combines vast trial experience with genuine empathy, recognizing that every employee’s story deserves serious attention. Spitz has a history of great results because the firm knows how to challenge employer defenses and prove what really happened.
If you believe you were wrongfully fired, mistreated after taking medical leave, or subjected to discrimination or retaliation, this is the moment to take back control. Contact Spitz today and let us help you understand your rights and build the best path forward.
Employment Lawyer Disclaimer
This attorney blog provides general information about employment law topics including medical leave, FMLA issues, discrimination, and wrongful termination. It should not be taken as legal advice. Employees experiencing workplace problems should consult with a qualified FMLA employment lawyer or attorney to obtain guidance tailored to their medical leave situation. Reading this FMLA blog does not create an attorney-client relationship. No promises are being made regarding any outcome. This blog is a legal advertisement and is intended to help employees understand their rights when they believe they were wrongfully fired or treated unfairly by an employer.