Risks in terminating an EE after FMLA leave is requested

pindert

I must write a SHORT (the audience has no patience for "extraneous" details) bullet-point outline of the reasons why an employer should not terminate an employee who has just requested a FMLA/STD leave for his own serious medical condition.  Here are add'l facts:

  -- has had weak performance for several years, but that hasn't been documented until this year

  -- has shown marked improvement in performance over the last couple of months since being counseled

  -- works in a department which has demonstrated that it can function with 1 less person in a pinch if necessary (although it's very hard on them)

  -- is over the age of 40

  -- has been on staff more than 10 years

What points would you consider the one or two most important to use as your arguments?

Thank you very much in advance for your input.

TXHRGuy

[quote user="pindert"]

I must write a SHORT (the audience has no patience for "extraneous" details) bullet-point outline of the reasons why an employer should not terminate an employee who has just requested a FMLA/STD leave for his own serious medical condition.  Here are add'l facts:

  -- has had weak performance for several years, but that hasn't been documented until this year

  -- has shown marked improvement in performance over the last couple of months since being counseled

  -- works in a department which has demonstrated that it can function with 1 less person in a pinch if necessary (although it's very hard on them)

  -- is over the age of 40

  -- has been on staff more than 10 years

What points would you consider the one or two most important to use as your arguments?

Thank you very much in advance for your input.

[/quote]

 

Five short points is too many?

Your first one is the most critical: it gives the appearance that the Company never had a problem with his performance until he made a FMLA request.  Bad timing never favors the employer because judges and juries do not believe in coincidences.

IT HR

To be honest I think all of these points are important.  My other suggestion would be to find a case that involves an employer getting nailed for terminating someone while on FMLA and show the economic costs as well as the bad press.