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Do you have an employee that is sick a lot?

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

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  1. EF-Roger

    EF-Roger Member

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

    T J Tutor Member

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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 Member

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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 Member

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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.
     
  5. Josephine Stuart

    Josephine Stuart MVP Member

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

    KITTvsKARR Member

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

    salmonjames Member

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    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.

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