James Barber Spoke At The Council On Education In Management
August 22, 2006 - August 22, 2006
Often, the employer does a good job of administering FMLA leave, but then fails to adequately consider the implications of adverse employment actions taken against the employee while on FMLA leave or after returning from FMLA leave, resulting in a costly retaliation claim. This session taught the best practices that were, or could have been, employed by the employer to help minimize the risk of liability from a retaliation claim.
Best Approaches and Practical Solutions:
- Effective methods for dealing with ongoing performance problems when an employee goes out on FMLA leave
- Tips for documenting and handling performance deficiencies that are not discovered until the employee is away from the office on FMLA leave
- Understanding the importance of timing when taking an adverse employment action against an employee
- Dealing with employee attendance problems while complying with the FMLA
- Training your supervisors on “early warning signs” that may lead to an FMLA retaliation claim
- Strategies for communicating and implementing layoffs, shift changes, etc., to employees out on leave
- Learning from others’ mistakes: “What went wrong” and “what best practices” were used by the employers involved in the factual scenarios?
