Employees may think that by making a request for, they can stop their employer’s legitimate disciplinary actions. That’s not true.
Employers that can clearly establish an independent reason for discipline—especially if it was already in the works before the request was made—seldom lose ancase.
Recent case: Marty Roberts worked for a gas transmission company and had the use of a company truck. Employees were given a vehicle only if they lived within 45 miles of the workplace, which Roberts did not.
The company told Roberts he either needed to turn in the truck or move inside the 45-mile limit. He told his supervisor that he had relocated closer to work, and gave an address—that of a friend’s cabin.
While Roberts was off for surgery, the company tried to pick up the truck, but it wasn’t at the cabin. When Roberts was asked about the truck’s whereabouts—apparently without knowing someone had attempted to retrieve it—he said it was at the cabin. When the company eventually tracked it down at Roberts’ original address, it decided to fire him for lying.
Meanwhile, Roberts put in a secondrequest. He was fired before it could be approved.
He sued, alleging retaliation for requesting FMLA leave.
The court said he had no case, since the discipline was already in the works and therefore couldn’t be related to the FMLA request. (Roberts v. Florida Gas Transmission, No. 11-30295, 5th Cir., 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Counting paid time off as FMLA leave? Tell employee you're running them concurrently
- Discovered unsuspected wrongdoing? Fire away!
- Could he sue us? Employee was fired after he injured himself on the job
- This year's Supreme Court decisions make investigations a must