Firing someone right after she requestsor an ADA accommodation can often trigger a lawsuit.
But close timing alone won’t sink your chances of winning—as long as you have a valid business reason for discharging the employee that is unrelated to illness or disability.
Lesson: Don’t let a leave or accommodation request paralyze you from making a decision that you otherwise would.
Recent case: Maria worked for T-Mobile as a sales support coordinator in Manhattan. She lived some distance away, making for a long commute.
When Maria’s fiancé committed suicide, she became depressed and tookleave to cope. When she wasn’t ready to return after 12 weeks, the company granted extra time off. When she returned, she asked for to attend therapy sessions. In addition, later in the year she requested another block of FMLA leave, which was approved.
When she returned from that leave, she requested a re...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Am I permitted to communicate directly with employees' medical professionals?
- Combat employee absence with a positive discipline program
- ADA: Use these criteria to keep courts from second-guessing job's 'essential functions'
- Why do workers take FMLA leave?