Employers don’t have to prove beyond a reasonable doubt every suspicion of employee misconduct.
Did an employee lie about an illness and abuse? 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, allegingviolations.
His case fizzled. The court said his employer’s reasonable belief supported the termination. (Morgan v. Orange County, No. 11-11658, 11th Cir., 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- OK to cut position of worker on FMLA leave--if you can prove FMLA status didn't affect decision
- Counter bias claims with complete records
- Consider ADA needs, FMLA requests separately
- How should we manage family leave that isn't covered by the FMLA?