Help!!!!!!!

Mari · March 2002

We are a small company of 41 employees. We have an employee who had missed a lot of time from work from various reason. Work has been sufferring and we need someone who will be at work on time, Mondays through Fridays. She now just came back to work after 2 more days of being sick.She has been counselled regarding her absences and tardiness. My question is can we terminate the said employee now? Or what other options do we have?

Don D · March 2002

[font size="1" color="#FF0000"]LAST EDITED ON 03-13-02 AT 02:14PM (CST)[/font][p]You might want to revise your original question to include: Do you have a sick leave policy and procedure? You're not covered by FMLA requirements; but, does your state have such a policy and are any of the absences connected with an FMLA type of event? In most states, perhaps all, an employer has a right to require an independent medical evaluation (fitness for duty report) if its in the employer's business interest, which I think your situation fits. Does your staffing pattern allow you to consider transfer to a less critical position? Has the employee indicated, stated or insinuated in any way that all of these absences, or even some of them, might be associated with an ADA covered situation? Bottom line is that unless your particular state has a law to the contrary, the employer is within his rights to terminate if not for an illegal reason such as disability. Remember; being at work is a requirement of most jobs.

WT · March 2002

More information is needed. Is your workplace unionized? If so, you must follow procedures in the contract. If there is no union, does your state recognize at will employment? If so, an employee can be terminated anytime. Could any charges of discrimination be made against the employer? If so, be careful. Finally and most importantly, have the problems with attendance been well documented. It is accepted virtually universally that employees must get to work on time and consistently. If you are worried about FMLA, stay away from using sick time as a reason at all for termination and go with being late and missing time for other reasons. Hope this helps and good luck.

Raye · March 2002

Hi,

I do not know if you have recevied any answers to your questions, I could chat with you by telephone if you would like to call me at #207-622-0075. Ask for Kim. There is a lot to think about before you terminate someone who has been ill.

Kim

Help!!!!!!!

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