Any issue with terminating an employee for documented performance issues when the emp asked for a leave of absence on the day planned for the terminat

With the up-front warning there is often a wide range of options (some much wiser than others) between "What do we have to do?" and What should we do?" ... It is unlawful to terminate an employee because he or she is in a protected class.  It is not unlawful to terminate an employee in a protected class for reasons which are not protected.  Your fact set states that: 1) the company has legitimate non-discriminatory reasons for the adverse employment action; and 2) the company was prepared to and would have taken an adverse employment action, but for the employee's failure to show-up at work on a particular day.  Assuming those facts are both true and demonstrable, no legal response to the decision by the employee seems likely to succeed. However, I have defended dozens of employers in lengthy and expensive litigation and administrative proceedings that could have been avoided or minimized with a little more finesse in the execution of their decisions, even though the decision was legitimate and non-discriminatory. This forum is not well suited to a "What should you do?" question, the answer to which is really one of risk assessment and risk management.  If the employee is likely to respond to the termination with legal action (regardless or the correctness of the decision) it would be worth paying for an hour or two of legal advice about ways you could mange the process so as to seal off any potential claims arising out of the timing of the action or at least be prepared with the materials necessary to obtain a quick disposition of any resulting proceedings. Good luck.