Hale delegated this to one of his subordinates who conducted the investigation and wrote a report concluding that OCFS's policy regarding the use of the wing was to blame. Hale forwarded a copy of the report to the Commission of Correction. In December of 1997, Hale took leave for job-related stress. OCFS designated the leave as FMLA leave on January 1, 1998. While Hale was out, OCFS conducted another surprise inspection and found that conditions had not improved.
Hale alleges that they had improved.
But, no matter, Mann fired Hale via letter at the end of January 1998. When Hale complained that this would be illegal under the FMLA, the date was changed to the end of the 12 week period. Hale sued arguing that OCFS violated his rights under the FMLA by firing him in retaliation for taking for leave. The lower court found that the true reason for the firing was Hale's poor performance and concluded that the FMLA conferred no greater rights to an employee on leave than it would to an employee at work. The Second Circuit ruled that the state was immune from suit under the Eleventh Amendment, or alternatively, that Hale failed to provide any evidence of retaliation.