Sunday, May 17, 2015
“Honest Suspicion” Must Be Supported by Surveillance Investigations
Scruggs v. Carrier is an important Family and Medical Leave Act (FMLA) abuse case employers must study. It mainly tackles a key term in the FMLA: “honest suspicion.” Darryl Scruggs, an employee of a Carrier plant in Indianapolis, filed leaves between 2004 and 2007, saying that he needed to assist his mother’s move to a nursing home. In 2006, Carrier stepped up its efforts to mitigate FMLA abuse by employees, and part of these efforts was to hire a private investigations company to conduct surveillance on nearly three dozen workers suspected of FMLA abuse, including Scruggs. Court documents showed that Scruggs never left the house when he filed for a leave supposedly to be with his mother at the nursing home.