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An at will state doesn't mean you can fire someone for a medical condition. Federal and state laws specifically disallow it.
Yes you can, you don't have to state the reason why your being fired. If you want to state a reason you can always say you're letting them go because you're down sizing or a dozen other reasons.
Yes you can, you don't have to state the reason why your being fired. If you want to state a reason you can always say you're letting them go because you're down sizing or a dozen other reasons.
The danger is that this employee stated a disability and if you take any adverse action with no explanation after that notification, it is assumed to be based on the employee's disability.
There is a big difference between basic labor issues and ADA issues. Once that employee said medical condition, you have an overlay of disability laws, rules and requirements that enter the picture.
Yes you can, you don't have to state the reason why your being fired. If you want to state a reason you can always say you're letting them go because you're down sizing or a dozen other reasons.
Fraud is also illegal.
Perhaps this is how things work in your country, but in the United States, you have to provide reasonable accommodation to someone needing it due to a medical condition. Even in California. Choosing to let go of someone because of a medical condition when you can provide reasonable accommodation and not stating a reason doesn't make it legal all of a sudden. Lying about it with a made up reason is fraud.
If your employee cannot perform all the tasks he is asked to do according to the job description then you can't keep him on. May I suggest you write a job description for the position so you can avoid this from happening in the future. A potential employee will read it and then have a clear idea of what you expect before you hire them. It gives you an out if the employee will not do what is in the JD as they are fully aware of what they have to do to get paid.
Yes you can, you don't have to state the reason why your being fired. If you want to state a reason you can always say you're letting them go because you're down sizing or a dozen other reasons.
"At Will" status does not trump federal labor law for protected status. The claim of a disability takes this to a different arena.
In California, firing an employee is legal for the most part. As an “at-will” state, both the employer and employee can end the working relationship at any time and without notice.
Agree an employee who has been terminated for discriminatory reasons, for exercising their legal rights, or in violation of an employment contract may have a wrongful termination claim.
If an disabled person is is deemed not qualified to perform their duty they can be fired. https://workplacerightslaw.com/libra...on-california/
Does he do the other work well? I could see keeping him on if he had some things he excelled at, and if there aren't stretches of time where he ends up standing around. Otherwise, as long as you can legally do it, fire him and replace him with someone able and willing to do the job.
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