Monday, July 2, 2012
The Wrong Type of Multitasking
Whether it is nine o’clock at night or three o’clock during the day, somewhere in the world the lights are out and someone is sleeping. Just as one person may be sleeping, another person in another place is up working. While multitasking is often praised in the workplace, an employee who chooses to do so by sleeping on the clock won’t be given the same acclaim. A former employee of Avon Products, Inc. was terminated after being recorded sleeping in the break room and later missing a meeting to discuss the misconduct. John Bryne was a model employee for four years before complaints were logged with management. The change in performance was unusual but such misconduct was not tolerated and led to his termination. Bryne was later diagnosed with depression and after a few months was rehabilitated. He came back to claim his job but was denied reemployment. He filed a complaint under the ADA and FMLA. The Court analyzed both claims and denied reinstatement due to the employer’s just reason for termination, misconduct. You can find the Court's opinion by clicking here.
The Americans with Disabilities Act of 1990 (ADA), protects employees against discrimination based on disability. However, not all disabilities are covered under the ADA and a person whom feels they have a claim must first fall within the protected class to bring a claim for relief. In addition, the Family and Medical Leave Act (FMLA), enforces the rights of employees, who are covered by their employer, to take unpaid leave for medical reasons without being subjected to retaliation by their employer. For more information about the ADA check out the EEOC Website and for the FMLA visit the US DOL Website.