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Stubborn Coworker Headed For Trouble
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<blockquote data-quote="brownIEman" data-source="post: 3336095" data-attributes="member: 14596"><p>His fear of discipline is justified if he keeps failing to show up. His fear of retribution for applying for FMLA is not justified, and makes me wonder if his story of cancer is BS to hide different problems. Sadly it happens, I've seen worse.</p><p>Tell him to apply for FMLA immediately, and take notes about any discipline he receives from that point forward, even undocumented harsh conversations. If he can show a pattern of discipline or harassment where none existed probably to FMLA he has an appearance of retaliation - and the law takes that seriously and so does HR. I never worked with any management stupid enough to screw with that, not even with POS' who we were certain were abusing intermittent FMLA.</p><p></p><p>If he's been there 5 years he has good medical coverage, access to FMLA to protect his job. If treatment winds up being debilitating in nature, he can qualify for disability. </p><p></p><p>At the end of the day though he has to act on this. It sounds like you are dealing with someone who either has their priorities completely out of whack or who is feeding you a line of BS. If he steadfastly refuses to help himself there is little you can do. I know that sucks and I admire your empathy, but that's the reality.</p></blockquote><p></p>
[QUOTE="brownIEman, post: 3336095, member: 14596"] His fear of discipline is justified if he keeps failing to show up. His fear of retribution for applying for FMLA is not justified, and makes me wonder if his story of cancer is BS to hide different problems. Sadly it happens, I've seen worse. Tell him to apply for FMLA immediately, and take notes about any discipline he receives from that point forward, even undocumented harsh conversations. If he can show a pattern of discipline or harassment where none existed probably to FMLA he has an appearance of retaliation - and the law takes that seriously and so does HR. I never worked with any management stupid enough to screw with that, not even with POS' who we were certain were abusing intermittent FMLA. If he's been there 5 years he has good medical coverage, access to FMLA to protect his job. If treatment winds up being debilitating in nature, he can qualify for disability. At the end of the day though he has to act on this. It sounds like you are dealing with someone who either has their priorities completely out of whack or who is feeding you a line of BS. If he steadfastly refuses to help himself there is little you can do. I know that sucks and I admire your empathy, but that's the reality. [/QUOTE]
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