Some employees think that taking
For example, when an employee takes leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.
Recent case: Linda Truesdell, a medical billing service employee, took FMLA leave when her father became ill. When other employees pitched in to do Truesdell’s work, the company discovered complaints about her performance—and that she had failed to deposit some checks. She was fired when she returned from leave.
Truesdell filed an FMLA interference lawsuit.
The court tossed out her case, concluding that the employer had a legitimate reason for firing her. (Truesdell v. Source One, No. 07-1926, DC NJ, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Attendance policies: Control absenteeism without breaking the law
- Check your FMLA policy: Does it comply with new leave expansions?
- Making demands while employee is on disability leave
- Don't let FMLA request stop discipline that was already in the works