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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
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I have had a caregiver in my home to care special-needs son.

Customer Question

I have had a caregiver in my home to care for my special-needs son. Her job performance has deteriorated and I have recently cut her hours from 3 days per week to 2 days per week. Since then, she has not come to work, complaining of a headache. In addition, she has been lying on her timesheets.
Is there a way to fire her without having to pay for her unemployment?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

That can be difficult to do, because you need to show a history of disciplinary issues. Performance doesn't rise to the level of avoiding unemployment issues, so you have to focus solely on misconduct and that will really only include absences which are unexcused and the time theft.

If you have clear evidence of time theft, have warned her and she continues, then it's easy. Without a warning and a chance to cure, it is very difficult to block unemployment. In those instances, you need an offense so egregious that people shouldn't need warnings to know that it is wrong. If the time theft was bad enough, it might justify the termination alone. Otherwise, you'll have to take the risk with the understanding that you may end up having to pay.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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