• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

FMLA violation? Worker said he was sick, walked off the job and was fired

fmla leave, fmla interference
Christian Schappel
by Christian Schappel
May 27, 2016
2 minute read
  • SHARE ON

Here’s a scenario any manager could learn a valuable FMLA lesson from. 
An employee gets into an argument with his supervisor. A while later, still a little shaken up from the argument, the man begins to experience chest pains. He then tells a co-worker he thinks he may be having a heart attack.
The employee then tells the co-worker to tell their supervisor that he’s leaving for the day as a result of his symptoms, which the co-worker does.
But it was a well-known company practice that employees had to inform a supervisor directly before leaving work.
So the company fired the man that afternoon. The employee then sued, claiming FMLA interference (shortly after his termination had been processed, he submitted paperwork that he was suffering from a serious health condition).
Was this interference?

That’s how it happened … for real

This is the story of Randy Greene, a truck driver, and his employer YRC Inc., a freight company.
Greene thought he might have been having a heart attack, so he left work without completing his route for the day.
YRC essentially took this as a “voluntary quit” and processed his termination.
It fought to get a court to throw out his interference lawsuit, essentially claiming it didn’t interfere with Greene’s rights under the FMLA — because it had no idea he planned to take FMLA leave at the time his termination was processed.
Did the company win?

The court’s decision

No. The company lost when a judge said Greene’s lawsuit should proceed to trial, which means the company’s facing an expensive courtroom battle or settlement.
The judge said FMLA protections kick in the second an employer has been provided notice that an employee may be suffering from a serious medical condition — and that notice doesn’t have to come directly from the employee or even mention “FMLA.”
So after Greene’s co-worker told the supervisor that Greene left because of his symptoms, it was up to YRC to inquire further to see if the FMLA applied — and YRC failed to do so.

Don’t rush, make inquiries

Now it’s up to a jury to decide if Greene was protected by the FMLA and whether his rights were interfered with — and juries are often sympathetic to workers in these types of cases.
It serves as an important reminder for managers: An employee simply telling a co-worker “I’m sick” and having that message relayed to the manager may be enough to trigger FMLA protections. So managers shouldn’t make any hasty decisions after illness-related absences.
The key to avoiding litigation is to reach out to employees to get the full picture and then determine if the FMLA is in play.
Cite: Greene v. YRC Inc.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader