Don’t be afraid to terminate employees who have just returned from—as long as you have good reasons that are unrelated to the .
Recent case: Cynthia Adams worked as a hospice nurse, visiting patients in their homes. She regularly took FMLA leave, and each time returned without incident.
But then, while she was on FMLA leave, a patient complained that Adams had displayed pictures of male genitalia on her cell phone. After the hospice investigated by interviewing patients, it decided to terminate Adams. However, it allowed her to finish her leave before informing her.
She sued, alleging retaliation for exercising her. The court tossed out the case, reasoning that the patient complaint would have warranted termination even if she hadn’t taken FMLA leave. (Adams v. Fayette Home Care and Hospice, No. 09-1368, WD PA, 2010)
- What North Carolina laws affect employer substance abuse policies?
- Fire employee for positive cocaine test
- New DOL guidance on FMLA leave to care for adult children
- Managers and HR may be personally liable for CEPA mistakes
- Remind supervisors: They can be held personally liable for many work-related problems