Remind supervisors: It’s illegal to retaliate against an employee who advocates on behalf of a co-worker’s right toand reinstatement.
Recent case: Susan worked for an organization that serves adults with developmental disabilities. When a co-worker became pregnant, Susan explained theto her and asked her supervisors to make sure the woman got leave.
A supervisor dismissed Susan’s concern, informing her that the pregnant co-worker probably wouldn’t be back. Shortly after, Susan began facing discipline for minor problems like not completing her Outlook calendar fast enough and not speaking with her supervisor personally when calling in sick.
Then Susan was fired, and she sued, claiming her termination was retaliation. The court said her case should go to trial. (Augustus v. AHRC, No. 11-CV-15, ED NY, 2012)
- Is FMLA leave optional when employee has adequate sick leave to cover her absence?
- Genetic Information Nondiscrimination Act
- If business takes a turn for the worse, do we still have to hold job after FMLA?
- Be on guard for often-Overlooked 'Associated with' claims
- Ensure supervisors understand they must be alert for FMLA scenarios