Acting on ‘honest belief,’ employer wins FMLA court case

Shawn worked a manual labor job for a town’s highway department for about nine years. He used power tools, sledgehammers, picks, and air hammers to dig ditches and dig up pavement.

He injured his shoulder outside of work and took leave under the federal Family and Medical Leave Act (FMLA). He returned to work and asked for light-duty assignments, but the employer instead placed him on vacation time followed by unpaid leave.

Shawn’s restrictions included:

• No overhead lifting,
• No lifting over ten pounds, and
• No digging holes by hand.

Trouble began when the employer heard that, while on leave, Shawn had been doing manual labor despite his medical restrictions. The employer hired a private investigator to look into the situation.

After following Shawn for a couple of weeks, the investigator filmed Shawn working at his brother-in-law’s home. He was:

• Bending at the waist while using a tape measure and chalk line,
• Using both arms to lift and carry materials, and
• Operating a concrete saw.

The employer felt it had just cause to fire Shawn. It did so after Shawn unsuccessfully challenged the employer’s finding and sued, claiming that the employer retaliated against him because he exercised his FMLA rights.

In court, Shawn admitted that he had been chalk lining, measuring, and showing his brother-in-law how to cut a sidewalk. These were consistent with his medical restrictions. He also claimed that the reason the employer fired him was pretextual (i.e., an excuse). The employer argued that the investigator observed and videotaped Shawn holding an electric concrete saw and believed it to exceed the 10-pound weight restriction.

The court rejected Shawn’s arguments that his employer fired him based on false grounds. It held that the employer had an honest belief that Shawn was violating his restrictions and acted on that honest belief, even if the belief ended up being wrong. The honest belief rule outweighed Shawn’s pretext argument, at least in this court.

The FMLA doesn’t stop employers from ensuring that employees who are on leave from work don’t abuse their leave. The employer in this case took reasonable steps to determine whether it had reason to believe Shawn was violating his restrictions, and the court agreed.

Porter v. Jackson Township Highway Department et al., Sixth Circuit Court of Appeals, No. 24-3524, June 24, 2025.