Video surveillance can help catch employees who are abusing the system. For example, video of an employee cleaning the gutters while onmay show he’s not sick.
But before you conduct your own surveillance or hire someone to do so, here’s a simple tip: Make sure your video images will actually present solid evidence that the employee is capable of doing more than he says.
Recent case: Gary Cross went on disability for back problems. Insurance carrier MetLife arranged video surveillance and stopped paying Cross after seeing him coach a Little League game.
But the 11th Circuit Court of Appeals reversed the decision, concluding that Cross wasn’t malingering. All the tape showed was Cross sitting on a box and tossing a few baseballs in the air. (Cross v. Metropolitan Life Insurance Company, No. 07-14201, 11th Cir., 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Require those on FMLA leave to call in sick, just like any other employee
- Request medical clearance for chronic condition
- OK to ask worker to cancel M.D. appointment; that isn't the same as denying FMLA leave
- Accept worker-provided FMLA form, then question the content