Fire during leave? Prove FMLA wasn't why.

If you must terminate someone who has taken (or is currently on) FMLA leave, be prepared to show documented proof that your decision had absolutely nothing to do with the person's taking of leave.

Do that by contemporaneously documenting what leads to every termination and when you made the decision to fire. It's best if you can show the firing decision was made before the FMLA request.

Recent case: James had several medical conditions, including epilepsy, and he often took his wife to cancer appointments. He received poor performance reviews and a final warning before taking FMLA leave.


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