Tips and Articles on HR Best Practices, HR Outsourcing, and HR Compliance

Can I Fire Someone Who Just Came Back from FMLA Leave?

Can I Fire Someone Who Just Came Back from FMLA Leave?

Most employers asking this question are already in trouble. The FMLA does not make someone unfireable — but it creates a legal presumption that any adverse action taken close to protected leave was caused by that leave. Overcoming it requires documentation that existed before the leave began, consistent treatment of similarly situated employees, and managers who know what not to say. This post covers what the law actually prohibits, when termination is defensible, and the specific patterns that can get companies sued.

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What Documentation Protects Employers From Lawsuits? A Comprehensive Employer‑Side Guide

What Documentation Protects Employers From Lawsuits? A Comprehensive Employer‑Side Guide

Employers don’t lose lawsuits because they acted unreasonably — they lose because their version of events lacks credibility. Defensible documentation is the only way to explain decisions years later when memories fade and supervisors have moved on. When documentation is outdated, inconsistent, or created after termination, the employer’s position weakens and the employee’s story fills the gaps.

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