Prepare to justify termination by citing business reasons unrelated to FMLA leave — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Prepare to justify termination by citing business reasons unrelated to FMLA leave

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in FMLA Guidelines,Human Resources

Employees fired for a solid business reason usually lose their employment discrimination and retaliation lawsuits—if their employer followed internal rules, didn’t single out the employee for more severe discipline that others received and took the time to document each step of the disciplinary process.

This is true even for employees taking FMLA leave. That’s because employers that can show they would have terminated the employee—FMLA leave or no FMLA leave—aren’t violating the FMLA.

Employees on FMLA don’t earn protection against legitimate discipline for reasons unrelated to FMLA leave.

Recent case: When Stephen applied for a job in HR, he disclosed that while still in high school, he had been convicted of a crime. He was hired anyway after the employer determined that the conviction wasn’t one that would prevent his employment with the company.

A few years later, Stephen was promoted to HR director.

In that role, he was ...(register to read more)

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