It’s often frustrating for managers to have employees out for medical problems. But releasing those frustrations in the wrong way can land their employers in court.
An employee needed time off time to deal with a serious illness. Her condition qualified as a disability under the Americans with Disabilities Act (ADA), so as a reasonable accommodation, the company let her take time off beyond her 12 weeks of FMLA.
However, while she was gone, her boss called to ask when she would return to work. She said she couldn’t return until her doctor said she was cleared to work again.
The boss then demanded to hear an exact date of return. Again, she said she’d have to wait for the doctor’s word, and the manager fired her soon after.
She sued, claiming disability discrimination. The company now has to defend itself in front of a jury or pay out a hefty settlement.
Cite: Cubbage v. Bloomberg
