1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
Welcome to the BizWarriors Forum!
Why not join our community?
Sign Up Today!

Do you have an employee that is sick a lot?

Discussion in 'Employees and Human Resources' started by EF-Roger, Nov 12, 2015.

Share This Page

  1. EF-Roger

    EF-Roger Member

    Can you legally dismiss her on the grounds of excessive sickness?
  2. T J Tutor

    T J Tutor Member

    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 Member

    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 Member


    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.
  5. Josephine Stuart

    Josephine Stuart MVP Member

    Does her excessive absence prevent her from fulfilling the overall purpose of her job?
    djbaxter likes this.

    KITTvsKARR Member

    Does her/him being sick interfere with him/her completing her overall purpose of her job?
  7. salmonjames

    salmonjames Member

    There's no one on earth who has never got sick or has some issues. However, to dismiss an employee merely on the basis of sickness, I would say that you are not dismissing an employee rather you are killing the whole society on ethical grounds and by this you are promoting hate element actually.
    djbaxter likes this.

Share This Page

Similar Threads - employee sick lot Forum Date
Accepting & Encouraging All Employees Employees and Human Resources Dec 8, 2016
Petroleum Industry Employee (Petroleum Engineer) or E-Commerce Entrepreneur? Introductions Aug 21, 2016
Motivating your employees Mindset and Motivation Apr 8, 2016
How Do You Deal With Irreplaceable Employees Who Regularly Turns Up For Work Late? Employees and Human Resources Mar 19, 2016
Dealing with problematic employees Employees and Human Resources Mar 18, 2016