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We had a employee she was not doing well than she came to us…

Customer Question
We had a employee...

We had a employee she was not doing well than she came to us she had to go fo rmaternity leave in aug

Lawyer's Assistant: Have you documented this or discussed it with HR?

I have few emails sent to her on her performanmce not good so she knows about it

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

She wants to join back after maternity leave in jan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At will

Submitted: 6 months ago.Category: Legal
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Answered in 2 minutes by:
12/7/2017
Lawyer: LegalPro54, Lawyer replied 6 months ago
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,234
Experience: General practitioner with diverse legal experience.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

In what state are you located? Are you asking whether you have to return her to work? Finally, how many employees do you have? I very much look forward to helping you on this matter.

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Customer reply replied 6 months ago
IL
approx 30 employees
Lawyer: LegalPro54, Lawyer replied 6 months ago

Thank you.

With less than 50 employees, there is no law that specifically protects an employee on pregnancy leave in IL. That said, you are still required to treat them no different than you would treat other employees who took similar leaves of absence for reasons not related to pregnancy. In other words, you cannot discriminate against the employee "because" they were pregnant. If you can show that you could not hold her position, or would not have held her position had she taken leave for some other reason, then typically you can terminate the employment. Furthermore, if you can show that you would have fired the employee anyway for legitimate performance related reasons, you can terminate the employment on that basis.

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.

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Customer reply replied 6 months ago
These are the items I will add to your KRA
1)performance review and appraisal completely done with quality and making sure zoho is up todate
2) weekly lunch and learn
3) continuous employee engagement and making sure they are happy
4) resolving conflicts
5) company video and social media campaignSo in the Q3 we will monitor and see if there is any improvement and will decide accordinglyThanks & Regards
Customer reply replied 6 months ago
assigned her these tasks
Lawyer: LegalPro54, Lawyer replied 6 months ago

That seems like a reasonable approach. And this way if you do decide to terminate the employment you can very clearly prove that your decision was related to performance and not the leave that was taken.

I hope this helps. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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Customer reply replied 6 months ago
i sent her the above email start of q3 and there is no progress on these items so how do i document this and commmunicate it through proper way so i dont have any legal issues later ?
Lawyer: LegalPro54, Lawyer replied 6 months ago

I'm not sure I understand what you are asking. You would just keep the communication to email so there is a paper trail. Is that what you are wondering?

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Lawyer: LegalPro54, Lawyer replied 6 months ago

Was there anything more I can do for you? Did you get my last reply?

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Customer reply replied 6 months ago
what i understand ;I send her an email about terminating the employment; explaining based on the goals defined for you during the year and as communicated to you in email ; we were not satisfied and dont want to continue further ; will that be ok
Lawyer: LegalPro54, Lawyer replied 6 months ago

Thank you.

That may not actually be the best way to handle things because it raises the question of if her performance was unsatisfactory why didn't you terminate her before she went on leave? All that has changed since is the fact she went on leave, which suggests that is the reason for termination. It would make more sense to either (a) bring her back on for a period of time and then terminate once additional performance issues are documented or (b) refuse to bring her back on the ground that you were forced to move on and hire someone else and could not reasonably hold her position for so long while she was gone.

I hope this helps.

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Lawyer: LegalPro54, Lawyer replied 6 months ago

Was I able to answer all your questions here? I tried to be prompt and provide quality service. Was there anything else I can do before we wrap up?

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