Fraudulent Leave, Surveillance-Based Terminations

Law360, New York (January 7, 2009, 12:00 AM EST) -- One of the greatest difficulties employers face in administering medical leave policies is managing suspected fraudulent use of leave time. Reports and rumors that an employee taking time off work with job protection and continued benefits (and sometimes with pay as well) is using the time for personal activities can badly damage co-worker morale in addition to the direct cost to the employer.

Employers are increasingly tempted to conduct surveillance in an effort to catch suspected slackers. The question then becomes: how solid must the evidence...
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