Legal Question in Medical Leave in Texas

Terminating after FMLA

Is there a time frame required before you can terminate an employee who just returned from FMLA? The termination is due to poor quality of work performance.


Asked on 10/13/04, 8:31 am

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Terminating after FMLA

There is no time period, but you should be careful about ADA claims, or claims of retaliation. Document the performance issues, and it would be better to demonstrate that the issues are not new since the employee's return.

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Answered on 10/14/04, 10:41 am


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