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  1. EF-Roger

    EF-Roger Entrepreneur

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    Can you legally dismiss her on the grounds of excessive sickness?
     

  2. T J Tutor

    T J Tutor Entrepreneur

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    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.

    • Alabama
    • Georgia
    • Louisiana
    • Maine
    • Nebraska
    • New York
    • Rhode Island
    • Florida
    There is also some verbage that is similar (but vague) in the "Right to Work" statutes of 25 other states.
     
  3. Marianne

    Marianne Entrepreneur

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    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?
     
  4. Rodney

    Rodney Entrepreneur

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    Maybe.

    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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