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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12202
Experience:  Significant experience in all areas of employment law.
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Can an employee be fired off work months in

Customer Question

Can an employee be fired for taking off work for 2 months in California?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. More would need to be known. Why did the employee take this time off work? How long have they been employed and how many employees does the company have? I very much look forward to helping you on this matter.
Customer: replied 1 year ago.
We are a commercial janitorial company. She was claiming stress because we cut her hours from 7 a day to 6 she was leaving early and coming in late. She been employed since September 2015. We have 50 employees. She went to the doctor and got a excuse that just said please excuse her off work for two months.
Customer: replied 1 year ago.
Please answer
Expert:  Patrick, Esq. replied 1 year ago.
I am here. I am typing an answer....
Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your patience. The only law that might conceivably protect an employee in this circumstance is the Fair Employment & Housing Act, which requires employers to "reasonably accommodate" medical conditions which "impair a major life function." It is very unclear whether unspecified "job stress" would rise to this level--usually it doesn't since such a claim can be easily fabricated and then used to manipulate an employer into doing what the employee wants, as may very well be the case here. But even if this employee's unspecified mental condition rises to the level of a disability, an employer in your circumstance is simply required to "reasonably accommodate" them. Reasonable accommodation can include allowing protected time off work, but as soon as you can show that allowing this employee to take further time off will cause "undue hardship," defined as significant difficult or expense, you can let them go. Therefore, if you do desire to let this employee go, the best course of action would typically be to explain that holding their position any longer will cause your company undue hardship and explain the reasons why. Then, if they still don't return, notifying them of the termination. They key is documentation, and engaging in a good faith interactive process with the employee before simply letting them go. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.
Customer: replied 1 year ago.
Se was part time
Expert:  Patrick, Esq. replied 1 year ago.
Thank you, ***** ***** does not change the answer in any way. Please let me know if there is anything else I can do....
Expert:  Patrick, Esq. replied 1 year ago.
Was there anything else I can assist you with?
Expert:  Patrick, Esq. replied 1 year ago.
Are you still with me?