Employers tend to exercise less caution and react without fully analyzing the situation in this area. When an employer receives information that an employee on Family and Medical Leave Act (FMLA) leave is seen working at another job or is taking a Caribbean cruise, the natural tendency is to conclude that the employee is abusing the leave and the reaction is to immediately terminate the employee. However, such conclusions and quick reactions can lead to liability.
To keep pace with competitive industries and ever-evolving technology, employers need to actively build pathways for employee growth and advancement. This means identifying skill gaps across the company on an ongoing basis and using a structured approach to help employees develop the skills they need to move forward.
A disturbing practice is that some employers don’t want to talk to their employees. They are ready to terminate the person’s employment for apparent misconduct or a policy violation, but they haven’t spoken to the employee about the issue. Whether it's ongoing performance problems, allegations of sexual harassment or bullying, excessive absenteeism, theft, or myriad other issues, those in management roles would rather just “make the problem go away” than do their job – a job which requires having difficult, sometimes uncomfortable, conversations.