Discussion in 'Employment and Human Resources' started by EF-Roger, Nov 12, 2015.
Can you legally dismiss her on the grounds of excessive sickness?
I think it has to be what's known as an "At-will Employment" state in the U.S. In those states and employer can dismiss anyone for most any reason that doesn't violate civil rights.
There is also some verbage that is similar (but vague) in the "Right to Work" statutes of 25 other states.
You may be able to dismiss the employee. There are several factors to consider - do you have an attendance policy? Have you had documented conversations with the employee letting them know their attendance needs to improve? What state are you located in (there are a variety of restrictions depending on your state)? Is this related to a chronic medical condition?
Is she disabled under the federal ADA or applicable state law? Has she requested a reasonable accommodation to that disability?
Do you treat employees with similar absence problems similarly? For instances if a male employee with a similar or worse record is retained but you fire her you may be subject to a sex discrimination claim.
Did the person make an internal complaint of something unethical or illegal or make such a complaint to a government agency, so might claim she was fired because of her status as a whistleblower?
Discuss the issue with a lawyer who knows employment law. Relying on the internet won't prevent you from being sued.
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