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Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12331
Experience:  Licensed attorney
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Small practice with 1 employee of 8 years. Need to kown what

Customer Question

Small practice with 1 employee of 8 years. Need to kown what rights I have as to laying off or firing her. She has been out for knee surgery undated to work for 2nd time in 6 months. For the past year she has made ongoing mistakes that have hurt the practice financially. I have had multiple conversations and meetings with her discussing the mistakes with no changes. I had to bring someone in temporarily while she is out to cover and help restructure and help bulild practice back up. Can I fire her based off of her lack of performance and unwillingness to change and do job correctly.
Submitted: 5 days ago.
Category: Employment Law
Expert:  Brandon M. replied 5 days ago.

Good day, my name is Brandon. I am a licensed California attorney. A person's medical condition doesn't preclude them from being fired when they can't perform at the job. The challenge for the employer is documenting that the cause of termination has nothing to do with the employee's disability, and that the problem couldn't have been corrected with reasonable accommodation (if requested by the employee). If it's simply a matter of the employee not being able or willing to do their job correctly, nothing would generally stop the employer from terminating. The laws protecting disabled employees in the workplace are intended to act as a shield against unfair retaliation from the employer, not as a sword against the employer if terminated fairly.

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