Sure, it’s inconvenient when employees need to take FMLA leave. But you can’t tweak FMLA policies just to suit your operational needs. If you try it, prepare to get out your checkbook. Your employee will have a slam-dunk case to bring to court.
At some point, every employer will have to reorganize to cut costs or improve effectiveness. Don’t let those making the reorg decisions take the easy way out by simply eliminating positions held by disabled employees.
Employers have an obligation to reasonably accommodate disabled employees. They can’t just ignore an accommodation request—especially if it involves the relatively simple step of placing the employee in an open job.
Earlier this year, we told you about a North Carolina religious harassment case that was dismissed because the judge felt the alleged harassment wasn’t serious enough to warrant a lawsuit. The EEOC asked the court to reconsider its decision and it did, ordering the lawsuit reinstated.
Employees who fail to return to work after taking medical leave can’t claim unemployment benefits if there was a job available when they were medically cleared to work.
Timing is everything. Suggesting retirement before any decision has been made to terminate an employee may show age discrimination. Discussing it after informing the employee that he’s been terminated doesn’t.
Most employees can’t be fired for their legal, off-duty activities. But that’s not true for some government employees. For example, police officers, judges and teachers have a higher duty to the citizens they serve, and they can be terminated for off-duty conduct.
Don’t make a common employer mistake and assume that someone who is declared 100% disabled under a workers’ compensation claim can’t also be entitled to reasonable accommodations for a different job.