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Wrongful Termination
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Wrongful Termination
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
MD law allows an employer to terminate an employee at will - no reason needed. At issue is a 4-year sales woman who, after missing 4 weeks of work, allegedly due to some hospitalization, is now ready
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Forums » Topic Forums » Legal Forum » Wrongful Termination
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Wrongful Termination
posted at 2/17/2011 7:51 AM EST
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Posts: 7
First: 2/16/2011 Last: 3/8/2011 |
EE's manager acknowledged receipt of text message 2+ weeks ago. We would have offered FMLA at that time, given that EE would remain out of work to care for sick children,for an uncertain period of time. No brainer!
Training is an absolute essential. This situation is proof positive that not even managers know enough to mention FMLA to an employee. If you have your mgrs trained, you rock! |
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Wrongful Termination
posted at 2/17/2011 10:33 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I will admit that I try to keep in their loop....it's hard to do, but important. Luckily I also do payroll, so I usually catch those that aren't working for any reason and check back with the managers to see why.
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Wrongful Termination
posted at 2/22/2011 7:05 AM EST
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Posts: 9
First: 9/13/2006 Last: 2/22/2011 |
The good thing is that it sounds like you have a good employee who didn't follow company policy and could legitimately have a good reason for not doing so.
At worst, you offer FMLA leave, let her get back on her feet and bring her back to work. Lack of communication is frustrating but it's always best to consider all surrounding circumstances and to err on the side of compassion. |
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Wrongful Termination
posted at 3/8/2011 4:11 AM EST
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Posts: 1
First: 3/8/2011 Last: 3/8/2011 |
If communication was lacking on both sides then we have an issue, how long was she gone before anyone took action. Did you attempt and how to contact her. If I was out for even 3 days and the company made no attempt to contact then rhe company shares some liability. Job abandonment is only that when someone has advised you that your failure to report is an issue. FMLA did anyone provide her with those facts and counsel her that she was within her rights to apply and where should she apply. Lots of holes here. |
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Wrongful Termination
posted at 3/8/2011 6:20 AM EST
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Posts: 6
First: 10/2/2002 Last: 3/8/2011 |
FMLA or STD typically protect the person's job while they are healing. Employees have 15 days to return paperwork if they intend to do so. In this instance, she could reasonably apply for FMLA for herself or for her children's illnesses (doesn't mean it would be approved-must meet the eligibility guidelines).
If she is not forthcoming with the FMLA paperwork, and based on your other responses, sounds like job abandonment to me. |
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Wrongful Termination
posted at 3/8/2011 6:42 AM EST
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Posts: 7
First: 2/16/2011 Last: 3/8/2011 |
EE has been allotted more than 15 days to submit FMLA docs. EE gave us a return to work date of 3/1/11 but that was a "no show". To date, no docs and no responses to phone or text queries. Employer feels strongly that ample time has been allotted and believes there's no alternative but to send out a certified letter advising of employer's decision to terminate EE's services. We wanted to avoid such action but it appears EE is not concerned about preserving this job. Note: we are awaiting a response from the DOL re: appropriate wording of letter. |
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