Employers can terminate an employee on
Recent case: Nancy Anderson worked in HR and learned that a reorganization would squelch a promotion she coveted. She became depressed and anxious, checked into a hospital and asked for leave.
The company terminated her, and she sued. Her condition was severe enough that she never would have been able to return, and the company argued that meant it hadn’t violated the FMLA by firing her.
The court disagreed and ordered a trial. It reasoned the employer had no way of knowing that Anderson couldn’t return when it fired her, and therefore may have interfered with her right to leave. (Anderson v. DSM, No. 06-5677, DC NJ, 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Make sure all medical tests you require are truly job-related and necessary
- Clarify contract status by separating arbitration clause from job application
- Keep medical data private, even if new HIPAA rules don't apply
- Collecting unpaid health insurance premiums after FMLA leave