A federal court has refused to accept the notion that a standard
Recent case: Sears employee Gerard Atchinson was out on when the retailer laid him off.
He sued, alleging that Sears had sent him an FMLA eligibility form (that he signed), stating he was entitled to 12 weeks of FMLA leave, plus reinstatement. Atchinson argued the form created a contract and that he could not be terminated for at least one year.
The court disagreed, saying the in question wasn’t a contract, just a standard FMLA eligibility notice. (Atchinson v. Sears, No. 08-3257, ED PA, 2009)
Advice: If the notice had created a contract, that would have been a huge game changer. Have your attorney review your to ensure they don’t compromise at-will employment status.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- On the hook for FMLA transgression? Offer immediate reinstatement to cut liability
- Break into vacation-Leave bank if sick leave is empty
- OK to fire worker who has taken FMLA leave--but you had better be prepared to explain why
- Employee (not you) is responsible for filing FMLA certification on time