Employee Performance and FMLA

1. In an effort to remedy quality problems, you reorganize some positions in your department and implement new, higher standards for qualifying for those positions. Many of those who don't make the grade are women over 40, and they sue for discrimination. They argue that the reorganized positions involve essentially the same skills as their previous job and point to the good job evaluations you've given them before.

Does testing based on the new standards trump old job evaluations?

A) Yes. You're trying to fix quality problems, after all.
B) No. The evaluations show that the employees are qualified to do the job.
C) Both must be given equal weight.

2. When an employee goes out on leave under the Family and Medical Leave Act (FMLA), you discover that she made major billing errors. Can you fire her despite the fact that the FMLA provides employees the right to be reinstated to the same or an equivalent position?