After an employee returns from, seemingly minor changes to his job can spell trouble. That’s especially true if the employee can show that a supervisor’s attitude toward him changed at that time.
Recent case: Best Buy employee Andrew Incorvati had a heart attack and took four weeks ofleave to recuperate. When he returned to work, he alleged that his supervisor sent him an e-mail with photos of a mobility scooter and mocked him for having had a heart attack. The boss took away Incorvati’s company car, reduced his duties and finally fired him.
The judge said the supervisor’s conduct—plus the fact that Best Buy did nothing when Incorvati complained—pointed to possible discrimination against him because he took FMLA leave. (Incorvati v. Best Buy, No. 10-1939, DC NJ, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- If absenteeism not disability-related, feel free to discipline
- Fire away … but be prepared to defend terminations
- Sniff out suspicious FMLA requests with this 9-step plan
- How does FMLA leave overlap with paid vacation, sick and personal leave?