Performance and Termination Decisions Under the FMLA and ADA

Strafford presents: Performance and Termination Decisions Under the FMLA and ADA.

Terminating or disciplining an employee for performance or disciplinary reasons is difficult under the best of circumstances. Terminating or disciplining an employee who is on leave adds layers of complexity and potentially can expose an employer to costly claims and lawsuits for interference, failure to accommodate, or retaliation.

The FMLA, ADA, and analogous state and local statutes may protect employees who need to take time off from work because of medical, disability, or family issues. In addition, disciplining or discharging an employee who is on leave or recently returned from leave may present retaliation risks.

Listen as our experienced panel of employment attorneys discusses strategies for navigating difficult performance and termination decisions when they arise while an employee is on leave and/or recently returned from leave. The panel will discuss how the leave, accommodation, workers' compensation, and statutory benefits laws intersect and outline best practices for handling performance issues and avoiding retaliation claims.