b'lawsimposeonyourabilitytoterminate.Forexample,thecannot believe that Cal would back Kimmy in a claim and fires time the employee is out for workers compensation should behim.Is Health Hut in hot water? Yes. While most of retaliation designated as FMLA leave so the time out runs concurrently. claims occur over termination, employers still can be liable for Then, if subject to the ADA, you must consider whether thetreating Kimmy badly and firing Cal for supporting her.injurycountsasatemporarydisabilityrequiringreasonable accommodation.Horseplay hurts: Jenn, an employee at Stretch String, Inc., is injuredoneafternoonwhiledouble-dutchjumpropingwith What can happen if retaliation occurs: Employers who are foundsome co-workers using stretchy string as rope. Jenn makes a to have retaliated against an employee are liable for reasonableworker compensation claim, but before it can be approved or damages incurred by the employee, punitive damages, and thedisproved, Stretch String fires her for violating company safety employee may be reinstated to his or her former position. policies.IsStretchintrouble?Likelynot.Justbecausean Common Situations: employee is injured and makes a claim does not insulate them from company policies. Jenn was goofing off and Stretch does Missed the deadline: Sally is injured when a pile of boxes fallnot have to stand for it.over on her in a hallway at Boxes-R-Us. She files a workers compensation claim and takes leave to recover. Boxes holdsWhat Should I Do:her position open and counts her time out toward her FMLAGood: Keep your head if an employee makes a claim. Do not leave. Prior to her scheduled return date, Boxes sends Sallybad mouth them. If they are going to be out a short while or a letter requesting a release from her doctor. Boxes doesnta period protected by law, be careful to follow the rules. If the hear from Sally until five days after her scheduled return date. employee will be out a long time, consult with your lawyer about She offers no excuse. At this point, Boxes has terminated Sallypossibly administratively terminating the employee.under its three day rule which states that employees absent for three days or more without excuse will be considered to haveBetter: Follow the above advice and also establish a three day abandoned their position or quit. Is Boxes in the right? As longruletoterminateemployeesabsentforthreeormoredays as Boxes is uniformly enforcing an existing written policy andwithout an excuse and follow it so you may use it with a workers Sally has no justification, she is out of a job and a claim forcompensation employee if they do not come back on time. Hire retaliation. temps to replace employees out for months or more. If you cannot get a temp, document it and consult your lawyer about But you only said termination: Kimmy injured her back whileletting the employee go.carryingaheavyboxoftonguedepressorsatHealthHut. KimmymakesaworkerscompensationclaimwhichisBest: Keep on the straight and narrow with the advice above accepted and goes out on leave for three months. Upon herand train all supervisors and employees not to negatively treat return, Kimmys supervisor makes derogatory comments aboutemployees who make a claim.how Kimmy cost the company money, in an effort to warn other employees against making claims. Cal witnesses the comment and supports Kimmy to make a claim against Health Hut for retaliation for making a workers compensation claim. Health Hut 84'