Ready to fire? Don’t let employee play the FMLA trump card — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Ready to fire? Don’t let employee play the FMLA trump card

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Say you’re just about to terminate an employee but he throws down an EEO trump card, like a request for FMLA leave. Ugg!  If only you could have beat him by a few seconds. Then the firing wouldn’t look like retaliation for his FMLA leave.

But a new court ruling says not to worry. If you have a very legitimate reason for firing an employee, even after he requests FMLA leave, you can safely crumble up his trump card and toss it in the shredder …

Case in Point: Robert Edwards worked as a branch manager at a Pennsylvania bank. One spring, he requested FMLA leave for double knee replacement surgery scheduled for the upcoming fall. The bank granted the medical leave three months in advance of the operation.

But over the next several months, the bank initiated an embezzlement investigation.  The investigation revealed that a head teller at Edwards's branch had embezzled about $570,000 over several years. The bad news for Edwards: Th...(register to read more)

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