Unproductive Employee Claims Heart Problem

[Scott24]

What is the name of your state? California
After not showing up for work for five days, an employee returned claiming a heart problem (thus the reason for his mysterious disappearance). He has been with us for about three months now, and has never mentioned this condition before. He has claimed to have a note from his doctor, but so far has been unable to produce any documentation.

This employee has been extremely unproductive, and we would like to release him from his position. However, we are nervous that we are obligated to retain the relationship as he has claimed medical issues. Though he has been unable to produce any actual medical documentation, what are our obligations?

Any response would be greatly appreciated. Thank you.

 

[Meursault]

You'll have a legal response soon. Count on that. As to what I would do, I'd tell him IN WRITING, that he has three days to either produce a doctor's notice of his medical condition or other proof that he does indeed have such a condition.

If he doesn't provide such proof, his ass is out the door.

 

[Beth3]

He went AWOL for five days and you didn't terminate him then? Why not?

If you don't have a "no call/no show" = automatic termination, you need to put one in place. (Some companies use two consecutive days, others three.)

Give the employee a deadline to bring in a note from his doctor substantiating that he was medically unable to work and under a physician's care for those five days. I wouldn't give him more than 2 days to comply. If he fails to, then terminate his employment. Put this request in writing so there can be no confusion as to exactly what is required. If he brings in a doctor's note that does NOT include the required information*, then terminate him.

*Assuming he may be making the whole thing up or seriously exaggerating whatever condition he may have, he may try to bring you a note from a doctor stating "Joe Blow is released to work" or some such thing, which is not anywhere near sufficient. a) Doctor's notes are a dime a dozen and b) the fact that he got a note from a doctor saying he can work NOW doesn't address the five days he went missing.

 

[Meursault]

The BUN is DOWN!!!