Monday, July 13, 2020

Distraught Employee's Viable FMLA Claim

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By Jeff Nowak

Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault.

In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in the time ahead.  Kris suffered too.  As her doctor would later report, she had crying spells, a lack of energy and an inability to focus or concentrate. 

To complicate matters further, Kris also had fairly significant performance problems in her job. From an HR standpoint, the timing couldn't have been worse. Kris had been counseled for months that she could not work unauthorized overtime, and in the months leading up to the assault, she had been repeatedly counseled for her poor time management, and lack of initiative, detail and follow through. 


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