employee is only with company about 100 days at time needing a restriction of work hours hours. His position is a professional, exempt and salaried full time position with a social service company. this position must be willing to work weekends and/or evenings as needed due to the business needs of clients.
It is very risky for you to ask attorneys who have no knowledge of all of the facts, other than what you posted, whether it is okay to fire an employee who has informed you of medical restrictions. We know nothing about your business, about the nature of the employee's illness, whether it can be regarded as a disability, whether you have the ability to consider any form of reasonable accommodation, whether the employee's medical condition is work related, to name just a few considerations.
Before you go ahead and terminate this employee, it will be well worth your time and money to sit down with an employment attorney who advises employers, and provide a complete picture of the circumstances. Only then, can you expect to get adequate legal advice on what you should do to avoid a potential costly lawsuit.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
There are insufficient facts contained in your post to be able to advise you whether or not you can lawfully terminate this employee.
As Attorney Kirschbaum indicates, we need to know the specific job position and job resposibilities, the nature of the employee's illness and/or medical restrictions, and whether reasonable accommodations are feasible. What did the doctor's note say?
Since Avvo is a public forum, it wouldn't be appropriate to discuss specific facts. Your company should consult with a private attorney who practices employment law.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Mr. Kirshbaum's answer was very good. See it and talk roman employment lawyer and give them all the details.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
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