Question

Jaszxyszyn filed a total disability claim with her employer and granted time off under the FMLA. During this time, she attended a few social events and posted 127 pictures to Facebook. In those pictures, she was dancing and laughing. There is one of her coworkers, upset about her behavior, brought those pictures to advantages' management. At the meeting between Jaszxzyszyn and advantages manage, she could not explain the discrepancy between her claim of complete incapacitation and her activity in the photos. Then Advantage gave Jaszczyszyn her notice of termination

What steps should Advantage take to be sure this doesn’t happen again.

Answer 1

Advantage should take following steps which will be necessary for preventing any further issues like happened with Jaszczyszyn:

Should take anticipatory measure for keeping an eye on the employees behavior

Should also make such facilities available for the same

The employer should wisely ask the employee to explain the apparent discrepancy between her complete incapacitation and the photos (if caught anyone like that)

Employer / Advantage (in this case) must e sure that the employee committed fraud and had abused FMLA. In other words, it must show that it reasonably relied on the particular facts at issue, even if the employer is later proven to be mistaken in its belief. An employer effectively advances this defense only when it conducts a complete and exhaustive investigation into the alleged facts.

Conclusion - Advantage’s investigation served as Defense Exhibit in dismissing Jaszczyszyn ’s FMLA claims because it was able to show that it conducted a complete and exhaustive investigation into the facts at issue. Look above at Advantage’s investigation: it confirmed the scope of Jaszczyszyn 's need for FMLA leave; it asked Jaszczyszyn explain in her own words what her limitations were; it had her acknowledge the importance of combating fraud in the workplace; and then, after obtaining these admissions, it lowered the boom by introducing the pictures.