Employers can terminate employees who are on
That’s a tough burden, so you must make sure you have a solid reason—and you must document it.
Recent case: Michael Champion worked in marketing for Spencer Gifts. His boss was terminated when the division didn’t meet its sales goals. Meanwhile, while Champion was on leave following the birth of his child, Spencer Gifts fired him.
He sued, alleging interference with his .
When Spencer managers were put under oath, they gave conflicting reasons for Champion’s discharge—citing both a reorganization and . Those shifting explanations were enough to send the case to trial. (Champion v. Spencer Gifts, No. 08-CV-689, DC NJ, 2009)
- Employee passed test? He's probably 'qualified'
- Last-chance agreements put employers on sure footing
- It's OK to slightly alter FMLA leave-taker's job
- Good news: The clock eventually runs out on negligent hiring after you've fired worker
- Follow the discipline rules in your handbook to defeat discrimination claims