A federal court has refused to accept the notion that a standard
Recent case: Sears employee Gerard Atchinson was out on when the retailer laid him off.
He sued, alleging that Sears had sent him an FMLA eligibility form (that he signed), stating he was entitled to 12 weeks of FMLA leave, plus reinstatement. Atchinson argued the form created a contract and that he could not be terminated for at least one year.
The court disagreed, saying the in question wasn’t a contract, just a standard FMLA eligibility notice. (Atchinson v. Sears, No. 08-3257, ED PA, 2009)
Advice: If the notice had created a contract, that would have been a huge game changer. Have your attorney review your to ensure they don’t compromise at-will employment status.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Ensure FMLA status won't affect firing decision
- What managers need to know about the FMLA
- Discovered shoddy work during FMLA leave? You're within your rights to terminate
- Feel free to discipline or fire if it's warranted -- regardless of employee's FMLA status