Do You Have HR Headaches?

Alternative HRD and the Zeal Center for Entrepreneurship invite you to join them for a 'complimentary' workshop:

HR 101 for Start-Ups and Smalls

This complimentary session on August 29 will give you a high level overview of HR for start-ups and small employers -the key elements you need to consider to protect your organization, and move it in the direction you want it to go.

Location: Zeal Center for Entrepreneurship

Date: August 29th

Time: 4:00 p.m. - 5:00 p.m.

Reserve Your Spot Today!

HR 101 Deep Dive for Start-Ups and Smalls

Then, on September 26, 2019 from 9 a.m. - noon, Alternative HRD will lead a 3-hour 'deep dive' into the strategies and tactics you can implement to move your organization from operating on "a wing and a prayer" to "soaring high." This session will be $199 per attendee with a money back guarantee !!

More information to follow!

HR Headache

Employee Fired After Returning From Leave!

Scenario

Paul Janczak was the general manager of Canadian operations for TWI when he took FMLA (Family Medical Leave Act) leave to recover from an auto accident. Immediately upon his return from the leave, Janczak was fired. He then filed an FMLA interference and retaliation suit.

The company tried to get his lawsuit thrown out claiming it was considering a reorganization of its management structure and eliminating Janczak’s general manager position prior to his taking leave.

Resolution

As the court documents indicate, it does indeed appear as though the company had started evaluating whether or not to eliminate Janczak’s position prior to his leave.

But here’s where TWI’s case fell apart. The decision to eliminate the general manager position hadn’t yet been made prior to Janczak’s leave, thus leaving room for doubt as to whether or not his need for leave actually factored into the final decision to eliminate the position.

As a result, the court said Janczak’s interference claim should proceed to trial, where TWI faces either a costly court battle or settlement. The court said in order for it to dismiss Janczak’s interference claims before a trial, TWI had to show that his termination would’ve definitely occurred regardless of his leave.

Solution

It is important not to evaluate whether or not someone should be eliminated while he or she’s on FMLA leave. That’s a decision that must be made prior to the person’s leave or well after, to enable enough time to pass for the resulting termination not to appear linked to the person’s FMLA leave in any way.

BEST SOLUTION:

Call Alternative HRD!

Of course, you’d never fire someone for taking FMLA leave. But perhaps the termination had been in the works long before the person took FMLA leave. It can certainly be a 'sticky' situation. Contact us today at 605.335.8198 with questions.

When It Is Safe to Cut the Cord!

The U.S. Court of Appeals for the Tenth Circuit recently highlighted three separate cases in which it threw out a worker’s FMLA lawsuit against an employer after finding “undisputed evidence that the employee in question would have been terminated even if FMLA leave had not been taken.”

If you can prove one of these elements exist when weighing your decision to terminate an employee on FMLA leave, it’s generally safe to say “you’re fired”.

The employee failed to comply with a direct and legitimate order from supervisors.
There was overwhelming evidence of performance issues that predated the leave.
The evidence was unequivocal that the reduction-in-force decision had already been made before the employee took FMLA leave.