Rockie
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Hopefully, you have medical documentation for both disorders. Anxiety disorders are very difficult because even though the employee may have exhausted FMLA, they still may be covered by the ADA. You will have to enter into what is called the "inte…
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Hopefully you got this "resignation" in writing. I agree...she can't resign a position and still be on FMLA. Usually, individuals will take their FMLA and then put in a resignation if they are not going to return. This is sort of like the perso…
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This post brings to mind what happened to us a couple of years ago in our medical practice. We have had a "no children" rule for some time because employees would bring their children to work with them to avoid day care or if they were sick, they w…
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I believe the law states if the employee does not return from leave, they can be required to pay back the premiums. This appears to be a classic case of "working the system". Employee knew this to be the case, so she simply came back to work and r…
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As with any federal regulation,check your state law. Some states are much more liberal and generous than the federal law mandates. You must abide by the state law. Also, as others have stated, it is often a company decision to allow more than the…
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More than likely the law will look at this as you having terminated the individual in violation of the Pregnancy Discrimination Act of 1978.
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What's wrong with this approach is that you are setting a precedent and would need to do this for any other like situation. The key to staying out of trouble in these situations is to ask yourself: Would this event have occurred whether or not FM…
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I suspect his smell has to do with dirty clothing and infrequent bathing. Not covered under any employment law that I know of. If he states a medical condition, I'd advise that I need a doctor's statement to the contrary, but I'd also advise that …
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He is only entitled to FMLA through his date of retirement as he will not be an employee after that date. Since he is 70 1/2, he is eligible for Medicare and hopefully he already has this in place. I believe if a company offers health insurance t…
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Hindsight is always 20-20 in these situations as we have all found out from time to time. Not sure why an employee would be "unable" to reach the department head if the department head was there and knew the employee wasn't there. There should a…
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I'm ready when you guys are for the bloody Mary's. I really don't think this person has any type of case at all, but it's just the sheer madness and frustration (not to mention the expense) of having to deal with someone who is out to get what they…
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Thanks for the comments guys. I have run the gamut with this one and am awaiting the evaluation. I can't see any way she will be able to perform her job duties with our without accomodation. What we accomodated before mainly involved temporaril…
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Gayle: Just take the medical component out of it and it appears that your decision was based on sound facts and procedures. Since she is one of many, it appears that you are on sound ground here. These are always the tough ones.
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I believe you are correct on these damages Hatchetman, but remember, attorneys' fees are not capped, so they can easily exceed the award!
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Not on your part! That's what the plaintiff's attorney will attempt to impart. Retaliation claims are one of the fastest growing in the employment law area. Sorry for the misunderstanding! Rockie
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Make sure your documentation is impecable as the first thing an attorney is going to look at it the timing of the disciplinaries and try to make it look like a set up or a retaliation case. Hopefully, this has been an ongoing problem with her and n…
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We've been thru this with new chairs. As soon as one person gets one....they all have an excuse for why they need one. I would not take a chiropractor's "suggestion" that you buy an $800 chair for this employee. Good chairs can be had for much l…
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I think the key to this is a "voluntary" activity. It was not in the course and scope of employment of which WC is founded, so I would have to say not a covered incident. Good advice,though, to let the WC company issue the denial.
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Yes. We knew about her surgery well ahead of time and had all the medical certification in. She didn't expect her complications and thought she would be back in about four - six weeks. I just got suspicious when she told me about all the "house c…
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There wasn't a question of whether we would have a position for her, it just wasn't the same position she was in when she left - it may be a lower level and it may be part time. She was very adamant that she would not accept anything less that the …
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We had a similar offense where one of our physicians wrote a prescription for an employee and she conveniently "added" some other items to the "script". The pharmacy called us and asked why our doctor was prescribing items (narcotics) that typical…
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It is absolutely none of a supervisor's business about an employee's medical condition. Being a supervisor does not give anyone a license to pry into an employee's personal business; I totally agree that once trust has been breached, it is very di…
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We have a signout board in our admin area and when someone is out for any reason, we usually just put "Out on Monday", etc. Sometimes people write Doctors appointment, dental appointment, etc. When management people leave the area, they usually…
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I think offering to move the person to an area where she may not have the exposure would be the best accomodation you could make. The accomodation doesn't have to be what the employee wants, but I feel it is an acceptable accomodation. In our me…
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I can assure you that this employee will play the trump card that you made an exception for him and let him keep his insurance when he was ineligible to do so. (so much for compassion for long time employees!). It also does not appear that you req…
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I agree. It appears from the wording of "chronic condition" that she is confusing FMLA and ADA. As with the others, I suspect it's just getting up late in the mornings and she should get up earlier if she is "slower" in the mornings. It doesn't a…
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The UI Commission would certainly have a record of the employee filing a claim. The employee now has been caught with her pants down knowing the UI Commission has been informed that she is still on the payroll and receiving compensation. This is f…
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I agree. This was a very sad situation and one that we worked on for months trying to resolve. We looked for something else for her to do. She was an RN, but we didn't feel secure putting her in any type of clinical setting where she had to work…
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We went through this last year at our medical practice with a nurse who had this same problem. Her supervisor took away most of her duties that were patient related so as to give her a chance to get herself together so that she could function as a …
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Probably 1000. Could be construed as retaliation for being on FMLA.