Employees out on disability orsometimes need to supplement their incomes. Taking a part-time job within medical restrictions is one solution.
That may seem disloyal. But firing the employee will probably make her eligible for unemployment benefits.
Recent case: Evelyn DeSmet was offered medical leave as an accommodation for a knee injury. While on leave, she took a part-time job as a food demonstrator in order to pay for her health insurance. The job was within her medical restrictions.
DeSmet’s primary employer fired her for misconduct and disloyalty when it discovered she was working a second job. Her application for unwas contested.
Ultimately, she received benefits after a court ruled it was not disloyalty or misconduct to take a part-time job while on leave from one’s main job. (DeSmet v. FMT, No. A11-841, Court of Appeals of Minnesota, 2012)
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- Do we have FMLA reinstatement obligations if employee asks for leave and then quits?
- Is there an FLSA violation hiding in your company handbook?
- Medication may limit employees' FMLA reinstatement rights
- After FMLA leave, don't presume future needs