To avoid needless litigation, make sure someone else sits in on termination meetings.
Recent case: Kathryn Quinn took frequentfrom her job when a back condition flared up. She was called into a meeting after she returned to work with what supervisors believed was a questionable medical excuse. Two managers attended.
Quinn was told she was being fired for falsifying a medical note. Then one of the managers left the room. Quinn later alleged that was when she was informed she was really being fired because she took too much.
She sued and the court said her case should go before a jury based on the statement. The jury will have to decide who is telling the truth. (Quinn v. Mercy Fitzgerald Hospital, No. 09-4327, ED PA, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Less prestigious job leads to constructive discharge
- Is return to work after workers' comp guaranteed?
- Feel free to discipline employees even if you discover wrongdoing during FMLA leave
- Requesting light duty isn't an official FMLA request