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
- Best way to stop failure-to-promote lawsuits: Include qualifications in job announcements
- North Carolina Retaliatory Employment Discrimination Act
- Remind supervisors: Absolutely no comments about employee's pending EEOC complaint
- Recalculate hours worked for 2nd FMLA request