We have less than 20 employees. Customers and morale are suffering considerably because our employees are having to cover a full time position during the absence. Employee has been out for over 1 month, and an anticipated return no earlier than another 1-2 more months. Employee has been given repeated job performance warnings, as early as just prior to the disability. Employee is hourly and signed a Handbook that clearly outlines "at will" employment. Can we terminate the employee for poor job performance during their disability leave and hire a replacement, while still maintaining compliance with the FMLA and any applicable California laws? Thank you.
Employment law for businesses Business Employment Discrimination in the workplace Disability discrimination in the workplace FMLA (Family and Medical Leave Act) and employees Termination of employment Types of employment At-will employment Full-time employment Disability discrimination Discrimination