California Employment Law
California Employment Law Questions Answered by Legal Experts
Thank you for answering my question. Please allow me to further explain our dilemma. The reason this employee was selected for termination over the other 4 assistants (we have 5 in totality) is the employee is routinely argumentative, extremely hesitant to change of any kind, incorrectly trained new hires (we only found out while the employee was on leave) and overall is not the personality we prefer in our staff. The current 4 assistants have really stepped up to the plate in the last 2 months. Prior to the leave- they all leaned on the employee who is out for guidance as she had been in the office for 4+ years. In her absence they have become more self reliant and that is what we want. There is a consistent flow and new found work ethic. Our fear is that once the employee returns- she will fight the changes that have been implemented (there is long history of that behavior) and interfer with our new atmosphere. It has been suggested to return the employee for approximately 90 days and then term them. The problem is our payroll/patient flow cannot support 5 clinical assistants. In reality we would prefer 3 but are willing to support 4 in cases where staff are on vacation, call in, etc. We have also trimmed down staff in another department due to not only performance issues but because the work load in their respective area has decreased dramatically.
We were previously informed that we can return the employee to our roster but to part time hours (or less). This would be because of the reduction in physicians and therefore work load. Additionally, we would not offer them benefits as their hours were reduced. I understand the logic but something just doesn't feel right about it. Many things in Human Resources don't but that comes with the territory as they say. The employee is due to return very soon and we would like to reach a resolution as soon as possible.
Your assistance is greatly appreciated in this matter.
Thank you for your guidance and advice. The management team will sit down with these notes and review the matter. Again, thank you very much.
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