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    rthompdon626's Avatar
    rthompdon626 Posts: 2, Reputation: 1
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    #1

    Aug 17, 2012, 06:33 PM
    Firing sn employee under fmla
    Can an employer fire an employee who is on fmla if the were written up for poor performance
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 17, 2012, 06:35 PM
    If they are out on leave, they can't have poor performance, since they are not working

    They could be fired once they return to work.
    rthompdon626's Avatar
    rthompdon626 Posts: 2, Reputation: 1
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    #3

    Aug 17, 2012, 06:38 PM
    Quote Originally Posted by Fr_Chuck View Post
    If they are out on leave, they can't have poor performance, since they are not working

    they could be fired once they return to work.
    yoy mean they could fire the employee the day hd came back ti
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 18, 2012, 05:45 AM
    If the poor performance was written up and documented prior to going on FMLA leave, then it may be possible to inform the employee not to return.
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