Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

An employee has worked 30 days and is showing poor

Hi, an employee has worked...
Hi, an employee has worked 30 days and is showing poor performance. His supervisor says she verbally trains him but he doesn’t take notes. She emails him letting him know what errors occurred and to correct. One day she came in to joke where’s the coffee? He replied women make coffee. Their communication is not good. She is afraid because when she tells him of an error he says he’s sick and asks for a day off. Then he says he is adopting a baby but not through an agency and will ask for more time off. The department manager said he can have time off. The supervisor notified HR (me) 2 weeks after the fact he made a comment about women. The only documents she has addressing his poor performance was through emails to correct. The manager is afraid if they have a formal conversation he will seek work accommodation for his paternity time off and or a disability. The manager feels trapped. It’s at will in California. The employee has a 90 days review so manager decisions as to end the employment. Any recommendations?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 hours by:
7/14/2018
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,754
Experience: Licensed attorney helping employers and employees.
Verified
Are you asking if you can terminate?
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Well the employee handbook gives 90 days introductory period & a performance review at the 90th day. I’m seeking advice because every time the supervisor addresses to him a performance error he says he’s sick and takes a day off. She’s afraid if she address his performance he’ll try to sue the company.
Performance issues should be notated. His excuses are not a defense and reasonable accommodation cannot be made allowing termination per the handbook terms. Practically company may offer small severance and get a full release. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Any recommendations? Should she formally do a written warning or continue to email him requests to correct errors?
Customer reply replied 1 month ago
How do we note it without setting him off ?
Note file. Consider a final warning.Please click on the 5 star rating. ***** If you dont see it, just reply “5 stars” or “*****.” That’s how I get credit by the site. Thanks!
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
If he violates a policy can we let him go under the 90 days?
Customer reply replied 1 month ago
the emails are not enough? Supervisor should issue a written warning?
I would. Shows good faith.Please click on the 5 star rating. ***** If you dont see it, just reply “5 stars” or “*****.” That’s how I get credit by the site. Thanks!You are also welcome to leave a bonus after rating. Much appreciated!
Ask Your Own Employment Law Question
Awaiting your reply, thank you!
Ask Your Own Employment Law Question
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.If you need any clarification on your answer please just reply back and ask me. I will be glad to comment further. If you have a follow up, please hold off on rating and you can rate once in the end when I address your follow up. There may be a short delay if I am helping another customer or have internet issues but I will be back to you if you need me
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,754
Experience: Licensed attorney helping employers and employees.
Verified
Infolawyer and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,754
63,754 Satisfied Customers
Experience: Licensed attorney helping employers and employees.

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

63,754 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My girlfriend was just fired via e-mail. These are the basic
My girlfriend was just fired via e-mail. These are the basic facts. A 55 year old African American female with a Masters Degree Held position of Payroll Manager for 4 years with company Company announ… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
There. My husband and I work at the same place and there's a
Hi, there. My husband and I work at the same place and there's a distinct difference in the way my employer treats my husband who is a 30 year old white male. Our employer does not text him back, he w… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm a supervisor. We have a new associate starting next week.
I'm a supervisor. We have a new associate starting next week. We learned, via Facebook that she is pregnant. I made a joke to supervisors reporting to me (3 of them) that on day one when HR goes over … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
We have an employee that blatantly ignores his duties that
We have an employee that blatantly ignores his duties that are outlined in his job description, after two years of employment he still does not handle his basic duties without referring to another sta… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have an appeals hearing this month an I would like some advice
I have an appeals hearing this month an I would like some advice from you. Unemployment didn't deny my claim but my employer is appealing my claim. I was terminated after being with the company for al… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I have a disability with a reasonable accommodation. I take
I have a disability with a reasonable accommodation. I take medicine which sometimes leads to problems with confusion/concentration. I moved into a section in which I lead a group (let's call it A) an… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
An employee has been reprimanded for job performance several
An employee has been reprimanded for job performance several times in the last few months and was given a final written warning recently. Unfortunately, even after the final warning, the employee stil… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
1) I have a reasonable accommodation (RA) agreement that was
1) I have a reasonable accommodation (RA) agreement that was worked out with my (then) supervisor and agreed to 30 days ago. It was accepted and is working fine. The original supervisor has been repla… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Thursday, May 10, 2012 Wrongfully terminated from under
Thursday, May 10, 2012 Wrongfully terminated from under the title III of ADA. My son was terminated do to his struggle with administrative functions at his retail employer (Florida) and subsequently r… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I started a new job 1/21/12 and did make a few errors with
I started a new job 1/21/12 and did make a few errors with a near-miss medication error, but instead of counseling with me or ending the 90 day period early, my supervisor let me work one week past my… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I am a contractor with SAIC and work at Crane, Naval Base.
I am a contractor with SAIC and work at Crane, Naval Base. I am a retired disabled Marine. I having been having a lot of problems at work with what I feel it is totally inappropriate and unprofessiona… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have been given a written warning letter from my employer
I have been given a written warning letter from my employer for poor performance. Along with this written letter, my supervisor verbally told me in front of the HR manager that I had until the end of … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I was recently terminated from a job as a line cook in a restaurant
I was recently terminated from a job as a line cook in a restaurant i had worked in the the previous 8 months, since it's opening. I had a direct supervisor in the form of a lead line cook and a gener… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
11. The term Human Resources implies that _________ have
11. The term "Human Resources" implies that _________ have the capabilities that drive human performance: (Points: 4) money materials people information 12. The various types of employment interviews … read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
hello lucy, i was wondering if you remember my case, and out
hello lucy, i was wondering if you remember my case, and out of all the attorneys ive corresponded with, you are the only one that was clear and hopefull about our case, i have some more info on the c… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband is a non-union manager for the Chicago Transit Authority
My husband is a non-union manager for the Chicago Transit Authority (CTA) he manages roughly fifty union employees. Over the course of one-year, two female works he my husband manages, have filed an a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,840 satisfied customers
my husband has depression....2 years ago he was in a mental
my husband has depression....2 years ago he was in a mental health hospital for 3 or 4 days....his work was kept informed.....he works in an office where the manager is always yelling and slamming doo… read more
socrateaser
socrateaser
1,031 satisfied customers
I was terminated from my employer for creating an ...
I was terminated from my employer for creating an "Hostile environment". The reasons were based on a few employees going to HR and stating that I was favoring another manager and presenting myself unp… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x