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Disciplinary Action - FMLA - Termination - Lawsuit
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Disciplinary Action - FMLA - Termination - Lawsuit
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First I must thank you for all of your help!!! It is priceless to say the least!!! We have an employee that was undergoing some disciplinary action and the day following action called in claiming f
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Forums  »  Topic Forums  »  Legal Forum  »  Disciplinary Action - FMLA - Termination - Lawsuit

Disciplinary Action - FMLA - Termination - Lawsuit

posted at 9/3/2009 7:41 AM EDT
Posts: 6
First: 8/24/2009
Last: 9/3/2009
First I must thank you for all of your help!!! It is priceless to say the least!!!

We have an employee that was undergoing some disciplinary action and the day following action called in claiming fmla. She produced a med cert (mental incapacity) thru 8/12. She never returned to work. She hasn't responded with a new med cert after repeated requests (which would have been due 8/20) and I'm in the process of drafting a termination letter based on noncompliance and failure to return to work. I've also declined fmla benefits as of 8/13.

Is this the right thing to do? This one will sue if she can ...
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Disciplinary Action - FMLA - Termination - Lawsuit

posted at 9/3/2009 8:14 AM EDT
Posts: 155
First: 8/24/2009
Last: 2/9/2010
Anyone can sue for anything. As long as you remember that you'll be fine.

As to whether or not this individual can demoinstrate a winnable case I can't respond to. Mental incapacity can cover so many things and obviously there is detail missing.
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Disciplinary Action - FMLA - Termination - Lawsuit

posted at 9/3/2009 8:23 AM EDT
Posts: 6
First: 8/24/2009
Last: 9/3/2009
And unfortunately detail related to her mental condition we wouldn't be privy too given privacy rights ...
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Disciplinary Action - FMLA - Termination - Lawsuit

posted at 9/3/2009 8:54 AM EDT
Posts: 155
First: 8/24/2009
Last: 2/9/2010
Au contraire. If you use the DOL FMLA forms you can require that the healthcare provider give you sufficient information. Your employee can choose whether or not to let her provider giove you that information. If she says no then you have insuifficient information with which to make a decision and may decline the FMLA.

I only mention using the DOL forms because it is difficult for an regulatory agency to find fault with using their materials.
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Forums » Topic Forums » Legal Forum » Disciplinary Action - FMLA - Termination - Lawsuit

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