Employees who know they are in trouble often try to protect themselves by asking for
Recent case: Eric Barker was diagnosed with anxiety and bipolar disorder. His supervisor called a meeting to tell Barker he was being transferred to a different location. That’s when Barker announced the diagnoses and said he might need leave.
The supervisor still said he was being transferred. Barker refused and was fired. He sued, alleging he had been terminated for needing FMLA leave.
The court tossed out the case because Barker couldn’t prove he was incapacitated by his psychological problems. Therefore, he hadn’t proven he has a serious health condition that made him eligible for leave. (Barker v. RTG Furniture, No. 8:08-CV-484, MD FL, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How employers can respond to increasingly stressed workers
- Be sure to document if worker says she doesn't need leave
- Make sure you ask for FMLA certification each time employee says she needs leave
- Employee in drug treatment? Consider DATWA before firing