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Ex-employees: Gone but not forgotten Courts’ broader definition of ’employee’ expands your liability

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in Discrimination and Harassment,Employment Law,Firing,FMLA Guidelines,Hiring,Human Resources,Office Management,Records Retention

Who are your employees? Seems like a pretty simple question. But, as in several aspects of employment law, the answer may surprise you.

Two recent court rulings illustrate how, in some instances, former employees can claim the same rights as current workers. Reason: Courts are accepting a broader interpretation of the term "employee" under Title VII, the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act and other laws.

Case 1: FMLA: Don't base rehiring decision on past use of leave

A service rep at BellSouth, who took FMLA leave while employed there, resigned from his job but then reapplied about three months later. A BellSouth manager reviewed the former employee's file and saw it was marked, "Not eligible for rehire."

The manager called a supervisor to find out why. Her notes from that conversation painted a sorry picture of the ex-worker, saying he "took a lot of FMLA, attendance bad, work...(register to read more)

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