Reluctant to fire

shepworth

Help~~ In the middle of December, I interviewed and hired a part-time driver for our meal delivery program. At the time of the interview, the other interviewer and myself were very clear about the physical demands of the job. He said he had had a knee surgery years before but was very adamant that he was at 100%. Now, less than 2 months later, he is taking 6 weeks off for a knee surgery. He has reported he 'reinjured' the knee in a car accident right after his employment started, during his 'off-time'. He does not qualify for FMLA, and I honestly feel he is not being 'above board' about this situation. We have reinterviewed for a temporary for his position, and would like to 'permanently' replace him with one of the new applicants. Any suggestions on the legalities, etc?
Thanks

Gillian

What is your practice for giving leaves of absense for illness in general? You should treat this individual as you would anyone else in similar circumstances. If you have a practice of extending leaves even though someone doesn't qualify for FMLA you may have a problem. Assuming that you aren't going to extend leave, tell him that you can't go six weeks without a driver and that you are going to fill the job. Tell him that when he is ready to return you would be happy to consider him for jobs that are available at that time.

Rockie

I would agree with Gillian. He can't perform the essential functions of the job and he does not qualify for FMLA. I would just invite him to re-apply for any available positions when he gets over his disability.

Don D

I totally agree with both posts. My head is still reeling, though, because I haven't had experience with employees being honest about injuring themselves at home. Whataguy!