If you have a policy on terminating employees who are out on leave, be sure to issue reminders about the rule and the timeline.
Advice: Send a letter explaining how the rule applies to the employee’s situation. That way, there’s no question about what the employee knew or when she knew it.
Recent case: A few months after Brenda went out on short-term disability, she received a letter explaining her employer only held jobs for 180 days; it said she would be terminated on the 181st day. She was.
Several years later, she sued, alleging that she never got an official termination letter and therefore should be excused for filing her lawsuit so late.
The court didn’t buy the argument since the time limit was so clearly identified. (Owens v. Lehigh Valley Hospital, No. 3780 EDA 2015, Superior Court, 2016)
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