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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I have an employee that is on restricted duty due to an injury

Customer Question

I have an employee that is on restricted duty due to an injury . I have given her a sit down job rolling silverware for $10.00 an hour. Her hrs. are 6:00 p.m. until 9:00p.m. Wednesday Thru Sunday.These were her hours before she was injured. She has been very uncoroporitive. Last eveining She clocked in at 5:55 ate a meal with her husband and cloced out at 6:35. She did not clear any of this with me. We have strict rules about eating on the job. It is against health codes. Can I terminate her ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
As long as you can document that she is not abiding by the rules and she is not being terminated because of a discriminating factor such as a disability, age, race, religion, gender, national origin - and she does not have an employment contract with you, she is an "at will" employee and yes you can terminate her
Please note that I can only answer and provide information for what you ask. And if you have other questions or need clarification in this regard, please let me know here.
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Thank you