Want to terminate but not discriminate Tennessee

[JJ2006]

I have an employee that has been with me for a couple months. She was pregnant when she began working and I knew that. I had another pregnant employee who just left and will hopefully be returning in a few months. I just wanted to say this to make sure you know that is not the issue.

I want to terminate her because she is not dependable. She has taken quite a bit of time off (day or more at a time, or leaving early a lot) due to nausea and dizziness. She recently went to the doctor (I told her to make an appointment because she said she'd been unable to keep food down for days) and was admitted to the hospital. She told me upon her admission that she would be dismissed on Wednesday. Come Wednesday, no communication from her as to her status...the same Thursday and Friday, still no word. Today she called and said she was waiting to get something from her doctor saying she could return to work.

I expected some type of call from her by Thursday at least, letting me know what to expect. She has become very undependable and unproductive. Can I fire her for those reasons and not be accused of firing her due to illness and preganancy? I need her here.

Oh, also, when she started working for me, I asked her to bring me a resume...she never has given it to me. I've asked several times since and still nothing. All my other employees have provided this to me before being hired.

Can I terminate her for excessive absenteeism, being unproductive and undependable? I plan to pay her two weeks severence pay because she is pregnant. Is she going to be eligible for unemployment benefits in the state of TN. Will I be going about everything legally this way?

Thanks for your help!

[cyjeff]

First off, she has not been there long enough to fall under FMLA.

Term her for not following procedures and calling in.

Just because she is pregnant doesn't mean she doesn't have to ask for sick days off.

You are not firing her because she is pregnant, you are firing her in spite of it... I think you have already been far more accomodating that I would have been.

I doubt she is going to be eligible for unemployment on this position alone... but if she was working prior to you she may be.

Either way, not your problem.

[Pattymd]

And I might also mention that you might be setting a precedent that you don't want to set by offering severance. Severance is normally only offered as a result of a reduction in force due to business downturn or similar. You have perfectly good business reasons for discharging her because she cannot meet the requirements of the job, as long as you would discharge a similarly situated employee (for example, both non-FMLA eligible, for one criteria) whose attendance problems were due to a nonpregnancy-related condition.

[cyjeff]

Agreed... but I didn't want to comment since I was already pretty sure that the OP was a much nicer person than I am...

[Pattymd]

Originally Posted by cyjeff

Agreed... but I didn't want to comment since I was already pretty sure that the OP was a much nicer person than I am...

Yeah, you meanie!

[cyjeff]

Actually, I AM a meanie when it comes to this kind of employee.

I am very open to helping a good employee that obviously finds themselves in a unique and troubling set of personal circumstances. Not only does it help my karma, but I am convinced it is the business' ability to see employees as people that retains good employees.

Having said that, the moment a questionable or new employee starts to use circumstances to demand preferential treatment or to take advantage of my better nature, the hairs on the back of my neck start to rise. I would have had my "when the rubber hits the road" speech with this employee long before now....

[JJ2006]

Thank you so much for all the advice. You have helped me tremendously. If you have more to add, I'll be happy to listen.

Have a wonderful evening!