QUESTION
When am I allowed to discharge an employee without any legal ramification?
Asked on Oct 26th, 2015 on Labor and Employment - California
More details to this question:
I have an employee that went out on disability which was non work related on 8/24/2015. She had a return date and that's passed. She is now on disability for other reason and no she never not returned to work.
1 ANSWER
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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No, you probably cannot discharge this employee. This is disability discrimination, and it could subject you to a lawsuit in California (however, there are certain exceptions which might apply to you). If the employee needs a reasonable accommodation to keep her job, you have to work with her to identify and provide that reasonable accommodation. Time off can be a reasonable accommodation. You should contact her and find out when she and her doctor think she can return.
Answered on Nov 04th, 2015 at 12:58 AM