Can you fire this new employee?

Question

My company hired a new employee, she started on Wednesday 8/02/06 and already called in sick on Friday and Monday. She left early on Thursday for a doctor's appointment, she said it was for a physical but when she called in sick she said she had vertigo which was diagnosed during her physical. I did some research and found that you need to see an ENT doctor and have a CT scan to be diagnosed with vertigo. Can we still fire her or are we obligated to keep her employed because she has a medical condition?

Just to add some more details.....she has a doctor's note but it is from Thursday night stating she has vertigo. My HR department is saying they will not do anything, she is an employee and that's that!. Me, on the other hand, I have to stop what I am doing and re-train her when she comes back. I am going to give her all the tools she needs for her job but I am not going to hold her hand.
And yes, this is the same job I was complaining about three months ago.....I have been looking ever since but have not found anything better. If you can find me a job with an established corporation on Long Island paying $75,000 please forward the information to me.
Thank you for all the answers!!!

Answer 1

You CAN fire her, and she probably wouldn't have grounds to sue. But because she took "reasonable" steps to protect her job (by calling in) she may be eligible for unemployment depending on the state you are in.

She can't claim disabiliy and it doesn't sound like she is in a protected class.

Answer 2

she needs to turn in a leave of absence form if she was gone on friday and monday due to this. Her doctor has to sign it too. If she cant cough it up, then the company should fire her. What should they expect the next month or years to be like if she has already called in sick half the time she has been working there!

Answer 3

Im not very good in words, but ... My boss has gone through the same thing! ... She hired this lady and kept her for 3 months and let her go ... My boss KEPT every records of every time she called in sick, went to the doctor, came in late, wrote down every excuses she had to say to the boss and kept every note she wrote to the boss or office manager ... After 3 months, the boss let her go saying she can't keep her due to the fact she was unreliable person for this company ...

Whenever my boss hires a new person, she gives them 3 months probation ...

I found out through another co-worker that by law in the state of California, you can keep an employee for 3 months and let her go and she/he can't get unemployment funds ... I wouldn't say "You're FIRED!" ... I would say "After reviewing ... (your choice of words) and we will have to let you go." ... Keep all the records in case this employee decides to sue ... Then you will have all the records to prove she was unreliable person not because of her medical reasons ...

My husband's work requires people who calls in sick more than 2 days to bring in written note from the doctor and my office requires a doctor note for every time I go to the doctor (I have medical problem so I get waived which I don't have to bring in doctor's note) ... Maybe that could be your other choice to see if she is really telling the truth or shes faking it ...

Hope this helps ... and Good Luck!

Answer 4

Check with HR just to be sure, but it seems to me that a new employee doesn't have much room for error. If you're going to fire her, do it sooner than later so she doesn't end up staying long enough to collect unemployment off of your company.

Answer 5

hmmm.....just to be on the safe side check with your HR office about what you can and can not do legally.....you might be right about the ENT and CT scan, but to be honest.....i can tell someone if they have vertigo in a second.....i have three family members that suffered with that on 3 seperate occasions......

Answer 6

You need to ask for paperwork from the Doctor she visited. If she provides "legitimate" proof of her medical condition, you have proof of her Doctor visits. If she does not have the paperwork from the Doctor, you can fire her for unexcused absence from her job.

Answer 7

Is this the job you were complaining about 3 monthes ago. The new gal is probably blowing your 39 y.o. boss. She'll have your job soon.

Answer 8

ARE YOU KIDDING GET RID OF HER SHE HAS NO LEGAL RIGHTS. SHE IS ON PROBATION FOR 90 DAYS.
SHE JUST STARTED AND SHE IS ALREADY LEAVING EARLY AND TAKING DAYS OFF. IF IT WAS HERE AT MY JOB SHE WOULD HAVE BEEN FIRED A LONG TIME AGO

Answer 9

Most employers have a probation period which warrants termination for any reason you see fit.

Answer 10

Check with your legal department I am sure that they would know me,I would let her go. because she will never be in for work.