Honestly believe worker lied? It’s OK to terminate him

by on
in Firing,FMLA Guidelines,Human Resources

Employers don’t have to prove beyond a reasonable doubt every suspicion of employee misconduct.

Did an employee lie about an illness and abuse FMLA leave? As long as you honestly and in good faith believe the employee was dishonest, your disciplinary decision will hold up in court.

Recent case: Byron asked several times for permission to take vacation leave to go on a cruise. His requests were denied on operational grounds. He then called in sick and remained off work for five days. He didn’t follow the daily call-in protocol.

His employer suspected something was wrong and challenged him after a co-worker suggested Byron had gone on vacation. Then it fired Byron for dishonesty. He sued, alleging FMLA violations.

His case fizzled. The court said his employer’s reasonable belief supported the termination. (Morgan v. Orange County, No. 11-11658, 11th Cir., 2012)

Leave a Comment