<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by marszen:
How do u dismiss an employee for refusing to do a task that he or she was hired to do?Because that person "claimed" that due to a medical condition they could not stay on their feet.The person has been on the job for less than six months and is not as competent as she professed to be.Must u place that employee in another position at the same salary or offer them the sitting job which pays less?She was sent home due to her "alleged" illness and i want to know how to handle the firing, should she return?
Please respond a.s.a.p or E-mail me at [email protected] Thanx!!!!!!!!!!!!!!!!!!<HR></BLOCKQUOTE>
My response:
Unless you have something in writing from a doctor that says her "feet" problem occurred during those 6 months, then you can fire her for breach of contract for her failure to tell you of this "problem" when she was first interviewed. Write her a letter stating that, upon her return to work, you want a note from her doctor detailing the problem and when the problem started, or how long the employee said she was having the problem. If the problem started during her tenure with your company, and you have more than 20 employees, you will have to "accomodate" her by transfer to another post, or make it so she can do her job without having to stand; e.g., sitting on a high stool. Otherwise, if you are in an "at will" State, send her a Certified letter stating that her job is no longer available, along with any final pay to which she is entitled.
IAAL
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