There is always room to sue. The more desperate and clever the plaintiff's attorney, the more miserable and expensive will be the defense.
The important factor is whether the employee has been led to believe his leave is FMLA leave. I know there have been cases where the employer had a single FMLA policy that did not distinguish among sites and was required to give FMLA leave to people at small remote sites. It is possible that your situation would be close enough to get an attorney to test it.
I recommend removing the cause of leave from your note because it appears you have used your name for your account. If someone put two and two together, you would have an ADA disclosure violation.
Comments
There is always room to sue. The more desperate and clever the plaintiff's attorney, the more miserable and expensive will be the defense.
The important factor is whether the employee has been led to believe his leave is FMLA leave. I know there have been cases where the employer had a single FMLA policy that did not distinguish among sites and was required to give FMLA leave to people at small remote sites. It is possible that your situation would be close enough to get an attorney to test it.
I recommend removing the cause of leave from your note because it appears you have used your name for your account. If someone put two and two together, you would have an ADA disclosure violation.