These days, employees are incredibly well-informed when it comes to their rights. In the following case, an employee found an
Recent case: Melody Baucom took to give birth. When she returned to work, she still had some medical problems and sought out treatment.
Someone in HR told her she didn’t have leave available for her own serious health condition and didn’t give her a certification form. Baucom got one on the Internet, had her doctor fill it out and turned it in. When she was denied leave, she sued, alleging FMLA violations.
The employer argued the form was deficient, but the court disagreed. It said that it was up to the employer to request any clarification once it got the form, regardless of where the form came from. (Baucom v. Cabarrus Eye Center, No. 1:06-CV-209, MD NC, 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Recession 'how-to': Cutting exempt employee pay, hours
- Your attorney's expertise is key to crafting severance agreements that stick
- How to assign FMLA leave to a reluctant employee
- Hiding behind staffing agency won't protect you; temps can sue, too