Sometimes, work actually goes better when a temp replaces an employee who’s out on leave. You might even think about keeping the temp and dumping the incumbent. Watch out!
Recent case: Stephen James, who is black, worked as a detailer for a car dealership. His employer transferred him to a different location after he was disciplined for sloppy work.
James went out onfollowing knee surgery and took additional leave when his entitlement expired. Meanwhile, another employee took over his job and apparently did much better work. When James returned, the dealership fired him.
James sued, alleging race discrimination and FMLA violations. The dealership won, partly because James no longer had an FMLA case once his leave expired. Therefore, he had no right to reinstatement. (James v. Sutliff Saturn, No. 09-1081, MD PA, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Warn managers about dangers of commenting on worker's age
- EEOC says it's legal to 'encourage' minorities to apply; but don't say you're 'seeking' them
- Are telecommuters part of FMLA head count?
- Mediator called in to clean up Summit prison shower dispute