What should the court decide? Why?

The activities director for a nursing home requested and received FMLA leave to have a child. She was temporarily replaced by another employee, whom some of the residents seemed to favor. Shortly after the start of the leave, an investigation was begun into the activity director’s handling of a checking account that contained residents’ funds. Dates and check numbers had not been recorded for every entry, and it was ultimately determined that there was a discrepancy of about $70. While she was still on leave, the nursing home asked the activities director to attend two conferences. She went to the first conference, but declined to go to the second, citing her nursing infant. The director of the nursing home became angry and asked, “How is that going to change in two weeks when you come back?” Shortly before her return, she was told by another employee that the nursing home was going to give her “a hard time” when she got back and that she should look for another job. On her first day back from leave, the activities director was terminated for “misappropriation or mishandling” of patient funds. The activities director sued. What should the court decide? Why?

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