- Waiting a period of time after the employee’s return in order to avoid an inference of causation
- Placing an employee on a performance improvement plan or other interim step before termination
- When providing reasons for a termination, using broad terms that encompass various issues
- Documenting the reasons for a termination in an internal document that is not shared with the employee. If you are working with counsel, mark this document as privileged.
- Training managers, HR individuals and other employees who handle leave issues not to make any comments about the timing of a leave or whether a leave will be difficult for the employer to manage.
Benefits Think Terminating employees shortly after FMLA leave may spur legal troubles
Published
5 Min Read
Hillary Massey
Associate
Massey is an associate in the Labor & Employment department of Seyfarth Shaw LLP.
Craig B. Simonsen
Senior Litigation Paralegal
Simonsen is a senior litigation paralegal in the Seyfarth Shaw LLP’s Labor & Employment, Workplace Safety and Health (OSHA/MSHA), Environmental Compliance, Enforcement & Permitting, and … Read full bio
