Fired before 90 days probationary period for medical condition
There is an employee whom before completing the 90 days probationary period informed the company of a treatable medical conditions unrelated to the work he performs. He will have to be absent from the job for at least a month because he will not be able to perform his job duties due to this medical condition. Can this employee get fired without legal ramifications to the company due to his physical/medical inability to perform his duties?
1 answer | asked Jun 7, 2019 09:03 AM [EST] | applies to Florida
Answers (1)
Unfortunately, there is no correct answer to this question based on the very limited information provided. However, there are several possible legal issues involved. For example, if the employee has a disability within the meaning of the ADA and the employer could have reasonably accommodated this disability by permitting the time off, there could be a claim under the Americans With Disabilities Act. It is also possible that a similar claim could arise if the employee applies again for this same job after his medical problem is resolved and the company refuses to hire him due to his medical condition. There are several possible defense to this type of claim and due to the complexity of the law, the employee would be well advised to speak to an attorney if he is interested in determining if he has a potential claim.
posted by Archibald Thomas | Jun 7, 2019 09:41 AM [EST]
posted by Archibald Thomas | Jun 7, 2019 09:41 AM [EST]
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