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Termination Retaliation Workplace Investigations

Constangy, Brooks, Smith & Prophete, LLP

Want to fire your employee for FMLA fraud?

Don't shoot from the hip. Let's say you have an employee who is in Week Six of "employee's own serious health condition" leave under the Family and Medical Leave Act. Her co-worker comes to you and tells you that the...more

BCLP

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

BCLP on

Employers are not obligated to tolerate employee misuse of FMLA leave.  Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Fisher Phillips

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

Fisher Phillips on

It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

Fox Rothschild LLP

Eight Steps To Avoid Getting Sued Over Your Investigation

Fox Rothschild LLP on

Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims....more

McAfee & Taft

Don't let medical absences cloud your judgment

McAfee & Taft on

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and...more

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