After an employee was diagnosed with a leg injury that required surgery, his wife called his employer requesting short-term disability leave. Shortly thereafter, members of the employer’s HR department conducted a forensics search of the employee’s computer, uncovering an e-mail he allegedly forwarded to a former employee in violation of company policy. Three weeks later, the HR Director, the HR Representative, and the employer’s Plant Manager terminated the employee for sending the prohibited e-mail. The employee files a lawsuit claiming he was terminated for requesting FMLA leave and alleging that members of the HR department searched his computer with the goal of finding a reason to justify his termination. Do you believe the HR Director, HR Representative, and Plant Manager have anything to fear as a result of the lawsuit?

After an employee was diagnosed with a leg injury that required surgery, his wife called his employer requesting short-term disability leave. Shortly thereafter, members of the employer’s HR department conducted a forensics search of the employee’s computer, uncovering an e-mail he allegedly forwarded to a former employee in violation of company policy. Three weeks later, the HR Director, the HR Representative, and the employer’s Plant Manager terminated the employee for sending the prohibited e-mail. The employee files a lawsuit claiming he was terminated for requesting FMLA leave and alleging that members of the HR department searched his computer with the goal of finding a reason to justify his termination. Do you believe the HR Director, HR Representative, and Plant Manager have anything to fear as a result of the lawsuit? If so, what?