Hiring a P.I. for FMLA Cases is Legal Says New Jersey Court
If you’re abusing the Family and Medical Leave Act (FMLA) and you know it, clap your hands…. Hopefully you’re hearing silence, but you never know.
Yes, this can be a very tricky problem for employers—and specifically HR. Employers don’t really want to accuse an employee without cause, but they don’t want anyone taking advantage of the system either.
But is it LEGAL to hire a P.I. for these matters? A recent New Jersey court ruling says YES.
News sources report that Marsha VanHook worked for the Cooper Health System in New Jersey when she requested intermittent FMLA leave to care for her sick son.
VanHook took many FMLA days, as well as additional vacation days. These days were unscheduled and resulted in an attendance warning. After hearing from VanHook’s co-workers that she wasn’t taking FMLA days for legitimate reasons, the company became suspicious.
When VanHook’s FMLA days began always falling on weekends or around scheduled PTO, the employer hired a private investigator to follow VanHook on three of her FMLA days.
For the next three days, the P.I. discovered that VanHook was not caring for her sick son, as she claimed to her employer. Her activities included coffee runs, shopping, going to the gym and taking her other child to school.
Upon learning this, the company fired VanHook for FMLA abuse. She then sued for a violation of her FMLA rights. The story continues to say that VanHook didn’t even deny the FMLA abuse. Instead, she claimed the employer had no right to surveil her since it had no cause. The 3rd Circuit quickly rejected her claims, stating, “nothing in the FMLA prevents employers from monitoring employees’ activities while on FMLA leave to ensure they do not abuse their leave.”
The court also added that the employer did have reasonable suspicion to begin monitoring VanHook’s activities, due to the information from her co-workers.
You’ll always want to use your discretion, but the good news for employers is you can take action and hire a P.I. if you suspect an employee is abusing FMLA leave.
And again, what makes the difference in this or any case? —Reliable intelligence. As we often see, investigations can lead to to big victories in the courtroom. And we know that success or failure in the courtroom or during the settlement process depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!
Know Even More: READ THE ARTICLE from HRMorning.com