One of the best ways to guarantee an employee will get hercase in front of a jury is for her boss to mention her use of while discussing termination. FMLA is a “protected” leave for a reason.
A good idea: Have someone neutral from HR deliver the news that the employee is being let go.
Recent case: Elaine Pierce suffered from depression for more than 20 years and recently had two bouts with breast cancer. Pierce, an accounting manager for a credit union, was off work for surgery and then returned.
Then a new CEO arrived and announced there would be changes. Pierce was concerned about her job because she needed health benefits. Her direct supervisor assured her that her job was safe.
Still, Pierce had a panic attack. Her doctors provided a medical certification for intermittent FMLA leave due to the anxiety. She gave the to her supervisor.
Then the CEO called her into a meeting and explained that her position had been eliminated. When she asked if herhad anything to do with the decision, the CEO allegedly said, “That and other things.”
She sued, alleging retaliation and interference with her. The court said she had enough evidence to send the case to a jury. (Pierce v. Teachers Federal Credit Union, No. 09-780, DC MN, 2010)
- Build a legal wall against the flood of retaliation lawsuits
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- Make sure all medical tests you require are truly job-related and necessary