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I have an employee on FMLA, but is still trying to interfere

Customer Question
with the business. What...
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: 1 year ago.Category: Employment Law
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Answered in 1 minute by:
9/19/2016
Employment Lawyer: Dwayne B., Lawyer replied 1 year ago
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,296
Experience: Employment Law Expert
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Employment Lawyer: Dwayne B., Lawyer replied 1 year ago

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

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Customer reply replied 1 year 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.
Employment Lawyer: Dwayne B., Lawyer replied 1 year ago

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

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Customer reply replied 1 year 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.
Employment Lawyer: Dwayne B., Lawyer replied 1 year ago

I would think the calls are considered work.

What exactly is your question on this?

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Customer reply replied 1 year ago
If she continues to make business calls can she be terminated
Employment Lawyer: Dwayne B., Lawyer replied 1 year 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.

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Dwayne B.
Dwayne B.
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Category: Employment Law
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