Employees who take
Recent case: Dynetta Cole worked as an executive secretary, answering correspondence for the Illinois Governor’s Office of Citizen Assistance. During her tenure, citizens sometimes complained that Cole was rude and unhelpful. Then Cole was hurt and had to take leave.
Cole returned to work on a part-time basis, but was often absent or came to work at unpredictable times. That’s when her supervisors presented her with a performance-improvement plan that included telling her bosses when she would be absent and not being rude. When she refused to sign, she was told she would be fired if she didn’t. She still refused and was terminated.
Cole sued, alleging retaliation for taking FMLA leave.
The 7th Circuit Court of Appeals refused to reinstate her case after the trial court tossed it out. It reasoned that merely demanding that an employee work on an improvement plan wasn’t an adverse employment action. The reason: While the plan would have been in place, Cole wouldn’t have lost any pay or benefits. (Cole v. State of Illinois, No. 08-1754, 7th Cir., 2009)
Final note: Always make sure you can prove past . In this case, it was clear that Cole’s problems predated her FMLA leave.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9407/its-your-right-to-demand-good-performanceeven-from-employees-who-take-fmla-leave "
- Punitive damages based on staff size at time of discrimination
- Play it cool in depositions: Plan, prepare and don't babble
- 'Unethical' isn't enough under Minnesota whistle-blower law
- Case dismissed? You may be able to recover attorneys' fees
- Employee or supervisor? Classification affects union eligibility