Terminating employees is the last thing any business owner or manager wants to do.

It can be painful for everyone involved, regardless of the reason (layoffs, furloughs, termination with cause, and so on). Most people in this role, particularly in HR, are sensitive to the impact to the employee. Unfortunately, however, ending an employment relationship is a necessary evil for any employer from time to time.

When employees fail to show up for work and provide no notice, employers have no choice but to separate and replace them; but not all situations are so clear cut. For example, Sue may have made arrangements for intermittent leave under the FMLA (Family and Medical Leave Act) to attend physical therapy or counseling, but she doesn’t always provide sufficient (or any) advance notice. Complicating the situation, she may have strained relationships with colleagues or supervisors stemming from her absences, and that could raise the specter of harassment or a hostile work environment. How can a business protect itself, navigate this regulatory minefield, and do the right thing?
Documentation is extremely important to decrease the likelihood of a claim or the company’s exposure to litigation.
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