Employers have every right to terminate employees who can’t come to work on time—but not for taking.
Recent case: Margaret Barron had a serious tardiness problem and was warned that she could be fired if she continued to come to work late.
Then she called in sick with bronchitis and had to miss several days of work. She also asked HR about the possibility of taking additionalleave for knee surgery. As soon as she returned from her sick leave, she was terminated.
She sued, arguing the timing meant her employer must have fired her for asking for FMLA leave.
The court said a jury should decide whether she was punished for doing so, or whether her employer fired her for tardiness. (Barron v. Quest Diagnostics, No. 09-1247, ED PA, 2010)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11462/terminating-for-attendance-dont-make-fmla-a-factor "
- Don't count on second opinion as an excuse to reject FMLA leave
- Drug-Resistant superbugs: How to protect your work force
- Death of a salesman: How to revive your sales-customer relationships
- Phrase job offers carefully to avoid confusion, lawsuits
- Beware personal liability for COBRA, FMLA, state bias law