Restructure while employee out on sick time

Betzi

We are a small company with 7 employees. One of those employees had to have some surgery done (not work related) and has been out approximately a month which may turn in to another month. While he was out, the company lost a few accounts and have had to restructure its work force so existing employees had enought to do. A new schedule was created excluding the above referenced employee to get the job done with the least down time. My question is, if and when the referenced employee does return, can we tell him we no longer need him except for some possible summer accounts? He was 1 of 3 people in the collections department and we restructured with the 2 other people doing the entire route which is working out great. Please advise as to how we should proceed and how to address with the employee who is out.

Thank You!

Don D

I don't know WA law, but there's no federal requirement. You're not subject to federal FMLA and there's no other federally imposed 'job protection' mandate. Seems safe to me unless he can claim some sort of race or age discrimination in your decision to let him go. Otherwise, I see nothing to be concerned about. Unless there's some state-specific regulation.




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marc

Wow! Betty and Don if the times are right on your postings, you are up very early!

Don is correct - no federal regulations in effect here. The workload has changed and you have restructured. As to how to address it with the EE, these can be difficult conversations. In my experience, a direct approach is best. Sit down face to face with the EE, start with the information that you no longer need his services because of the lost accounts. Be ready with information regarding benefits, as some states have cobra type regulations for health insurance continuation - and let him know about the summer work - which is probably too far away to be much solace, but lets you end on a positive note. If he was a good EE, be ready with a response about references and anything your company will do to help with job search.

Good luck.

Pork

And, it was Saturday!!! WOW, what dedication to our world of work!

Where is your company on the development of a characteristic called LOYALITY? YOU MAY, RIGHTFULLY, TERMNIATE THE SICK BUT, What is your companies' standard that you and others will proudly carry? Is there a pecking order, who came first? Who came last and where does the sick fit in or out?

Just words for thought!

PORK