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When Performance Issues And Protected Leave Collide: How To Discipline Or Terminate Without Triggering Lawsuits

Webinar: ID# 1026529
Recorded On-Demand
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About This Course:
As a stand-up employer, you would never dream of discriminating or retaliating against an employee who exercises his or her protected leave rights. But what happens when a legitimate performance issue arises either during or soon after the leave? Consider the following:
  • You just discovered that your bookkeeper has left your company records in shambles. You learned this only because she’s been out on maternity leave for six weeks. Can you fire her?
  • A client manager has been out on ADA-protected leave for six months and the client wants to make a permanent switch to the interim client manager. Can you move the person on leave to a different but comparable post in another part of the country?
  • Your custodian, who was injured on the job, has been working light duty for a year. She’s now ready to return to her old job with no restrictions, but her replacement is doing that job twice as fast (and, frankly, more thoroughly) than the old custodian ever did, even pre-injury. Can you keep the custodian in the light-duty job if the hours and pay are the same?
Join us for an in-depth webinar with an experienced employment attorney who will provide valuable insight on how to handle tricky situations like these, without exposing yourself to unnecessary legal risks.

You’ll learn:
  • When leave is “protected” under the ADA, FMLA, workers’ comp or sick leave laws—and when it isn’t
  • How to document employee performance as a safeguard
  • Tips on how to communicate with employees on protected leave, so you can keep your organization out of legal trouble
  • When and how you can discipline an employee who just returned from protected leave
  • When and if it is appropriate and legal to fire an employee during a protected leave
  • How to go about disciplining employees out on workers’ compensation, FMLA, or ADA leave
  • Recordkeeping pitfalls to avoid with respect to workers on protected leave
  • How to protect your organization by clearly communicating your policies and expectations
  • And much more!
About Your Presenter:

Marylou Fabbo, Esq.
Partner
Skoler, Abbott, & Presser, P.C.

Marylou Fabbo, a partner in the Springfield office at Skoler, Abbott, & Presser, P.C., heads the firm’s litigation team. For over twenty years, Ms. Fabbo practices in all areas of employment litigation. She provides counsel to management on taking proactive steps to reduce the risk of legal liability that may be imposed as the result of illegal employment practices, and she defends employers who are faced with lawsuits and administrative charges filed by current and former employers. Marylou is a frequent speaker on employment-related topics. She conducts extensive management training, is a published author, and an active participant in the community. For years she has been recognized by Boston Magazine as a "Super Lawyer" and had been designated as one of the "Top Women in Law" by Massachusetts Lawyers Weekly.
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When Performance Issues And Protected Leave Collide: How To Discipline Or Terminate Without Triggering Lawsuits
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