Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.
Employees who complain about discrimination or harassment are protected from retaliation. But some of them mistakenly believe that complaining makes them invincible. That’s not true. Employers can discipline any employee who deserves it—including those who have complained—as long as the rules are applied fairly.
Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.
Employees tend to get angry if management dismisses or turns a blind eye to some perceived injustice. That anger may manifest itself in many ways, including refusing to cooperate with reasonable requests. You don’t have to put up with that passive-aggressive behavior.
The U.S. Supreme Court has held that an employee who was fired shortly after his fiancée filed a bias charge against their employer may sue for third-party retaliation under Title VII. According to the court, the employee could be considered an “aggrieved person” because he was “well within the zone of interests sought to be protected by Title VII.” What's the practical impact for employers?
With the most recent U.S. Supreme Court pronouncement on retaliation, it’s now clearly impermissible to punish someone who is closely related to an employee who has filed an EEOC complaint or lawsuit. But you can protect yourself by limiting who within the company knows about litigation.