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Tell managers: No campaign to ‘get’ employee allowed

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in Employment Law,FMLA Guidelines,Human Resources

Looking to get sued? Just throw the book at an employee whom you would just as soon see resign. That’s especially true if she has just engaged in some form of protected activity like asking for FMLA leave.

Recent case: Brenda Erdman began working part-time for Nationwide Insurance after giving birth to a disabled child. When the insurer told her she had to start working full time again, she agreed. But she asked for a week of FMLA leave to prepare her daughter and herself for the change.

Before the leave was approved, Nationwide fired Erdman for breaking several rules, including discussing salaries with other employees. She sued, alleging interference with her right to FMLA leave and retaliation.

The court ordered a trial based on the sudden scrutiny following her FMLA request. (Erdman v. Nationwide, No. 1:05-CV-0944, MD PA, 2010)

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