What's Her Game

Ya' know sometimes when you've been in this business a long time, you can just feel when an employee is "up to something".
We have (had) a long time employee (since 1992) who has been a chronically poor performer and should have been terminated looooong before yesterday.
Two issues. She was on FMLA for back surgery....used up all her FMLA and came back to work with a full doctor's release. She wasn't back a week before she fell over a box that someone left in her path....(Workers Compensation). She wasn't out very long for this...did not re-injure her back...hurt her knee this time. Was out a few days...but came back with a release.
Then....she started the business of calling off. We give employees four "unexcused" absences a year and on the 5th they are assessed an additional PTO day as a penalty for unexcused absences. This, of course, does not include any FMLA, WC, etc. She was warned several times and given a final warning that any further unexcused absences without a doctor's excuse might be grounds for termination.
She of course, called in last week (twice) and did not have a doctor's excuse.
The termination went too smoothly and I feel she is up to something, which is probably some type of legal action.
Is there anything else we "coulda" "shoulda" done?
We have (had) a long time employee (since 1992) who has been a chronically poor performer and should have been terminated looooong before yesterday.
Two issues. She was on FMLA for back surgery....used up all her FMLA and came back to work with a full doctor's release. She wasn't back a week before she fell over a box that someone left in her path....(Workers Compensation). She wasn't out very long for this...did not re-injure her back...hurt her knee this time. Was out a few days...but came back with a release.
Then....she started the business of calling off. We give employees four "unexcused" absences a year and on the 5th they are assessed an additional PTO day as a penalty for unexcused absences. This, of course, does not include any FMLA, WC, etc. She was warned several times and given a final warning that any further unexcused absences without a doctor's excuse might be grounds for termination.
She of course, called in last week (twice) and did not have a doctor's excuse.
The termination went too smoothly and I feel she is up to something, which is probably some type of legal action.
Is there anything else we "coulda" "shoulda" done?
Comments
I had a situation, not quite similar with FMLA's and WC's, but a person we had to terminate due to a reorg and job elimination. This employee had been on a performance plan and then short term disability for several months. The employee needed the job, had a family to help support, kids to get through college.
I thought it would be a rough termination but it was amazingly smooth, and the employee signed the release and returned it almost immediately. We're now several months out from that day and the ex-employee has been very cordial during phone calls about benefits or other items.
My armchair (or rather deskchair) analysis is that this employee knew that working for us and maintaining the job was something the employee could no longer handle. But, the employee couldn't initiate action and actually was "relieved" in a way to have it done with and have it be the employer who instigated the separation.
I don't know if this makes sense or not, but maybe it's similar to your situation. I'm just trying to think positive thoughts for you! xhugs
Needless to say, we both did a lot of paperwork to no avail for her.
x;-)
Just grasping at straws here, but perhaps she is working some angle for someone else to provide for her, such as an ex or other relative?