FMLA and employee is self employed - Help!

I have an employee who is out on non FMLA leave (because of carpal tunnel in his hands, he is unable to type) and we are still accommodating his situation by providing him with additional time because of surgery and recovery according to ADA. We just recently found some blogs and postings from this individual indicating he has been blogging and typing for his own company doing similar work that he does on the job here while on leave. What are our rights, can we let him go?


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  • <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />If you believe the employee is lying or committing fraud, you should follow your normal discipline/termination procedures  Make sure you treat this person like any other employee or you may end up with an ADA or discirmination complaint.


    Also, do you have a policy prohibiting moonlighting while on leave?  If so, seems to be a clear violation. 


  • Check counsel before you chuck employee.  Abuse of leave is trickier than it seems at first glance.  For one thing, there are products that convert voice to text (i.e., automated dictation).  Another possibility is that someone else is doing the typing for your blogging employee.

    You may have a moonlighting option, but I'd still check with counsel before taking the final step with any employee in any sort of ADA ccomodated or protected leave status.

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