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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 33717
Experience:  15 years practicing attorney, JD, BA, MBA
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We own a security guard company in Arizona and we advise in

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We own a security guard company in Arizona and we advise in the application that each person applying for the job is required to be able to walk for 8 hours and be able to lift up to 10 pounds and to be able to respond to stressful situations.



Then later when a supervisor checks on the security guard at the location he or she is working at and the supervisor finds the security guard sitting in his car and asks that person why they are not walking around, the person responds that they have a bad back and can not walk?

Can we then fire them?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Can we then fire them?
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Yes, if there is no written contract between the employee and the employer for a set term, then the employee is an "at will" employee under AZ law. This means that they can quit or the employer can fire them at any time for any or no reason at all.
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This wouldn't be considered discriminatory since the job duties were clearly spelled out in the description and the employee is unable to meet the requirements of the job as specified.
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So yes, you can terminate immediately and simply not give a reason at all as that is always the safest way.
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Thanks.

Barrister

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