Sometimes, delayed firing won't stop retaliation claim.

• Position: Legal Briefs

Generally, when a worker claims he was fired for engaging in protected activity, the sooner after the protected activity the discharge occurred, the more likely a court will find that the firing was retaliation. But waiting to terminate doesn't help if you still reference an earlier event.

Recent case: After 10 years on the job, Carl asked for intermittent FMLA leave to care for his ill son. His request was granted. About a year later, he was discharged for violating the company attendance rules, following an absence to care...