Announcement

Collapse
No announcement yet.

Poor performance...cause for termination?

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Poor performance...cause for termination?

    A friend of mine was recently terminated. She was on medical leave and her employer sent her a letter saying they were terminating her employment as based on at-will in state of CA because since she has been gone, they have had numerous complaints from customers and clients saying she had not been returning any calls, or dealing with their issues prior to leaving. They also said she has been absent from work without notice and that simply dropping off a doctor's note isn't sufficient to establish leave. Do they have cause to terminate her? Hey doctor's note says she could be off work until a certain date. She said that she did not fill out any FMLA papers or anything, and has been there only about 6 or 7 months. Does she a claim?

  • #2
    If she was only there 6 or 7 months, FMLA does not apply. A doctor's note has no force in law outside of FMLA.

    It is absolutely legal to terminate for poor performance, even if she is on medical leave.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      I agree with CBG that doctor's notes don't matter and that without FMLA protection, the employer is not doing anything illegal.

      And I just read a really good article from AHI yesterday regarding the employer's rights to terminate an employee while on FMLA leave because they discovered solid evidence of performance issues while on leave. And the company won the court case due to that evidence. I'd link it, but it came through my email.

      Comment


      • #4
        Here it is.

        http://www.legalworkplace.com/yes-yo...loyee-elt.aspx
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Thanks cbg...it was a great article!

          Comment


          • #6
            The doctor's note and the performance problems are two separate issues.

            If the doctor's note contained sufficient information to put the employer on notice that the employee has a disability, the employer could be on the hook later for failing to engage in the interactive process to determine whether an accommodation is needed (ie, leave of absence). This is a separate and distinct cause of action that can be maintained independently of any other cause of action.

            If the employer can show that it would have terminated her employment because of the performance issues, this may reduce the employee's damages, but does not completely absolve the employer from liability for unlawful discrimination. These issues are determined on a case-by-case basis so it's difficult to say here whether the employer could use this defense.

            Comment

            Working...
            X