Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.
Recent case: Charles Ihenacho worked for Green Tokai and needed surgery for a nonjob-related condition. Plus he had hurt his side at work. He gotand planned to return as soon as his doctor cleared him for work.
Green Tokai’s policy called for terminating employees who missed more than 10 days. After Ihenacho was cleared for work, he continued to miss days. On the 11th day, he was fired.
He sued for retaliation, and claimed he was present that day. The court said a jury should decide the truth—and whether retaliation occurred. (Ihenacho v. Green Tokai, No. 3:08-CV-390, SD OH, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Know the documentation rules and timetables for FMLA certification requests
- Tragic personal history doesn't excuse misbehavior
- Good news: You can rely on EEOC mailing date—Plus 3 days—For time limit
- Document exactly why you fired troublemaker