A former cybersecurity vice president for the NBA’s Brooklyn Nets has filed a lawsuit alleging he was wrongfully terminated shortly after taking parental leave, highlighting ongoing tensions between workplace protections and performance evaluations.
The plaintiff, identified in the case as Whalen v. Brooklyn Nets, LLC, claims he was fired 16 days after returning from leave taken under both the federal Family and Medical Leave Act (FMLA) and New York’s Paid Family Leave law. He alleges that a supervisor greeted him with hostility upon his return and issued his first negative performance review during his tenure with the team.
Courts examining similar FMLA claims often look at the timing between an employee’s leave or leave request and subsequent disciplinary action. The plaintiff in this case reportedly received his negative review just nine days after returning from leave, and claims his supervisor repeatedly refused to communicate with him afterward. He described the review as sudden, noting that two previous evaluations completed before his leave showed satisfactory performance.
Additionally, the plaintiff alleges that while he was on leave, the organization removed him from a list of employees scheduled to attend an NBA conference without consulting him or providing an explanation. These claims mirror patterns seen in other recent FMLA-related lawsuits, where performance reviews and disciplinary actions occurring near or after leave have drawn legal scrutiny.
In response to the lawsuit, Marissa Shorenstein, chief operating officer for the Nets’ parent company, Brooklyn Sports & Entertainment, stated via email that the organization is committed to maintaining a workplace free from discrimination. She denied the allegations raised in the complaint.
Performance review disputes have surfaced in several recent FMLA cases. In April, a proposed class-action lawsuit against Deloitte accused the firm of failing to account for employees’ pregnancy-related and parental leave when conducting annual reviews. One plaintiff claimed she was terminated based on performance after receiving low ratings following her use of leave. That case remains active in court.
Courts may consider the temporal proximity between an employee’s discipline or termination and their leave or leave request to be relevant when assessing FMLA claims. In 2024, the 7th U.S. Circuit Court of Appeals held that employers may unlawfully interfere with an employee’s FMLA rights when they fail to adjust performance standards to avoid penalizing employees who take leave. The 9th Circuit held in 2019 that an employer did not discriminate against an employee who received negative reviews and was fired less than three months after she requested to take FMLA leave. The reviews dated back to before the employee’s leave request and documented issues such as lateness, failure to attend meetings and lack of communication.
