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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33398
Experience:  Employment Law Expert
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I have an employee on FMLA, but is still trying to interfere

Customer Question

I have an employee on FMLA, but is still trying to interfere with the business. What is my recourse
JA: Have you documented this or discussed it with HR?
Customer: I am the vendor part of the employment and the Retailer is the primary employer so they have spoke with her, but she continues to contact clients via her phone to cancel appointments
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time "at will"
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at this time
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 10 months ago.

Are you wanting to know if you can fire the employee while they are on FMLA?

Customer: replied 10 months ago.
Not necessarily, how can she still "work" and take an FMLA? I just want to protect the business, and prove that the retailer is following protocol by giving her a verbal warning. She is contacting people in the department to facilitate business or non business actions for her.
Expert:  Dwayne B. replied 10 months ago.

She can work while on FMLA. It is possible to take FMLA on a part time basis though.

Customer: replied 10 months ago.
those phone calls via her cell phone to work or clients are considered "work". She has applied for full time FMLA. Wouldn't that be hard to prove that it is work, or personal relationships.
Expert:  Dwayne B. replied 10 months ago.

I would think the calls are considered work.

What exactly is your question on this?

Customer: replied 10 months ago.
If she continues to make business calls can she be terminated
Expert:  Dwayne B. replied 10 months ago.

Yes, if you instruct her not to do something then she can be terminated. However, I'd recommend that you consider getting a local lawyer to send the actual termination letter so that you're sure it is to the point and doesn't leave any room to be misinterpreted.