Neither the Family and Medical Leave Act (FMLA) nor the Americans with Disabilities Act (ADA) are so-called “job protection” statutes. Employers can and should discipline employees, up to and including termination, despite an employee having a disability or needing FMLA leave. The timing of such decisions when an employee has implicated either statute, however, should be considered very carefully, as discussed in the recent decision, Saller v. QVC, No. 15-2279, 2017 US.S. Dist. LEXIS 160961 (E.D. Pa. Sept. 29).
Jennifer Saller was an assistant buyer for QVC from July 2011 until her termination in March 2014. In July 2012, she was placed on a performance improvement plan after a series of incidents where she exhibited unprofessional behavior in interacting with co-workers. The PIP was withdrawn a month later.
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