07/03/2012
When employees need intermittent FMLA leave, they are entitled to take time off free from work responsibilities. Of course, that may leave some tasks undone. Some employees, especially those in management positions, may feel obliged to work additional hours, or may sometimes forgo taking leave. As long as there’s no employer pressure to get the work done, that extra work won’t support an FMLA-interference lawsuit.
07/01/2012
Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.