FMLA or ADA request? Don’t let that derail legitimate discipline or termination decisions — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

FMLA or ADA request? Don’t let that derail legitimate discipline or termination decisions

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Firing someone right after she requests FMLA leave or 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 took FMLA leave to cope. When she wasn’t ready to return after 12 weeks, the company granted extra time off. When she returned, she asked for intermittent FMLA leave 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)

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