Criticizing employees for takingcan mean trouble.
Recent case: When Brenda began to take time off to care for her terminally ill father, her supervisor began making disparaging comments, telling her she should put him in a home and keep her personal problems away from work.
When she took two weeks ofleave as her father was dying, the company decided to cut staff as a cost-saving move. It fired Brenda on her first day back, but soon hired new housekeepers. Brenda sued.
The court said the combination of the supervisor’s comments and the hiring of new employees was evidence of pretext, showing that the discharge may have been motivated in part by Brenda’s use of FMLA leave. (Moore v. Century Gaming, No. B249978, Court of Appeals of California, 2nd Appellate District, 2014)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Put an immediate stop to co-worker harassment over FMLA use
- Make sure employees--and bosses and HR--know exactly how to call in FMLA absences
- Show why schedule changed after FMLA leave
- Warn supervisors: You may be individually liable under the FMLA