Employer put employee on a PIP right after FMLA leave, and won

Keith started working for the company in 2019. After learning that Keith had an associate’s degree in applied sciences, the employer approached him about joining a mentorship program and applying for a manufacturing engineer (“ME”) position. Keith applied for and got the position in February 2021 and began his training.

Unfortunately, the training didn’t go as planned. Keith and his trainer didn’t get along.

In late May, Keith requested and took about 2.5 weeks of leave under the federal Family and Medical Leave Act (FMLA) for anxiety and depression. When he returned, he had a new trainer. Several weeks later, Keith asked for and took about another 2 weeks of FMLA leave.

When Keith returned to work, the company placed him on a performance improvement plan (PIP). When Keith still didn’t meet the requirements, the employer extended the PIP.

The employer was concerned that, after nearly 7 months of training and working with three different trainers, Keith didn’t understand the work process. The company determined that, because of his inability to learn the job, it decided to terminate Keith.

Keith brought a retaliation claim under the FMLA when the employer put him on a PIP after returning to work.

In court, the employer argued that it placed Keith on the PIP and later fired him for a legitimate, non-discriminatory, and non-retaliatory reason: poor job performance.

Keith countered that the employer’s argument of the PIP and termination for poor performance was pretext; that the metrics the employer used to assess his performance were “broad, vague, and subjective in nature” and couldn’t be used “to evaluate his performance fairly.”

The court disagreed with Keith. It held that he failed to show that the employer’s reasoning was retaliatory. It also held that Keith didn’t have enough evidence that would allow a reasonable jury to conclude that he was placed on the PIP and later terminated because he exercised his FMLA rights.

Cooper v. Airbus Americas, Inc., 11th Circuit Court of Appeals, No. 25-10378, March 27, 2026.

Key to remember: Placing an employee on a PIP right after FMLA leave can be tricky, but having substantial documented evidence can help employers prevail.