Need to fire someone with known medical issues? Be prepared to prove your good faith

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in Discrimination and Harassment,FMLA Guidelines,Human Resources

Disabled employees or those who need FMLA leave aren’t immune from following work rules. But think carefully before you punish them.

It is possible to terminate an employee who has announced he needs time off or an accommodation. How­ever, you must have a legitimate rea­son—and you must be able to demonstrate that the company acted in good faith.

How? By documenting your ­decision-making process and showing that supervisors were fair and open-minded, and treated the employee the same as they would have treated another employee without a disability.

Recent case: As the manager of a P.F. Chang’s China Bistro restaurant, Jason Meinelt was responsible for making sure employees clocked in and out properly. He could alter time-clock records to correct mistakes, for example, if an employee forgot to clock out at the end of a shift or when taking a meal break.

The company had a strict rule against underpaying employees and told mana...(register to read more)

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