California
I have a non-exempt employee who calls out sick almost every week due to vertigo but refuses to go to a doctor and isn’t accepting any of the accommodations I’ve tried to offer. Can I let them go? I’m a small business, so each time he misses work, it really impacts us.
California is an at-will state, so generally, yes, you can terminate for any reason that isn’t discriminatory.
Emerson said:
California is an at-will state, so generally, yes, you can terminate for any reason that isn’t discriminatory.
Not quite. California has some of the strictest employee protection laws, so you need to be cautious. You can fire someone here, but only after all protections have been considered.
I had an employee who was in bad shape but refused to go to the doctor. She finally went when I required a note, and it turned out she had blood clots in her lungs and was sent to the ER immediately. She later told me I probably saved her life because she wouldn’t have gone otherwise. Sometimes requiring a note can be a push they need.
Do you know if he can afford to see a doctor?
Why not offer FMLA if he qualifies?
Gale said:
Why not offer FMLA if he qualifies?
We’re too small for FMLA. I did offer him medical leave, but he’s not interested, and he’s also turned down accommodations I suggested.
Add one more to the unemployment line… America could use some more homeless folks. If someone has health issues and gets fired, they’ll struggle with bills. Woo hoo.
Keagan said:
Add one more to the unemployment line… America could use some more homeless folks. If someone has health issues and gets fired, they’ll struggle with bills. Woo hoo.
I’ve tried to help him by offering other options, but he won’t accept them. He’s my morning opener, so when he cancels last-minute, it messes up our whole schedule. I even offered to switch him to evening shifts, but he refused. I run a tiny restaurant with only four servers. I can’t afford to be short-staffed every week.
Hire a backup now and start documenting everything related to this employee’s absences. If he’s really affecting your business, you may need to cut his hours to either push him to improve or resign. But get legal advice before you make any final decisions.
I get vertigo too, and usually, you just need to rest. No doctor needed. But if he’s using it every single week as an excuse, that’s unusual.
Kyrie said:
I get vertigo too, and usually, you just need to rest. No doctor needed. But if he’s using it every single week as an excuse, that’s unusual.
Yeah, I have vertigo occasionally, and it’s brutal when it happens, but I don’t know anyone who gets it like clockwork every week. Doesn’t sound typical.
@Stevie
Lol, sounds like the ‘weekly mystery sickness’ some people get after certain kinds of weekend partying.
Keagan said:
@Stevie
Lol, sounds like the ‘weekly mystery sickness’ some people get after certain kinds of weekend partying.
Yeah, not saying it’s a hangover, but this guy probably isn’t calling in for that reason.
@Stevie
True! But I’ve seen people get ‘sick’ after trying to outdo each other at parties, lol.
You can only do that after they’ve used up their sick leave and if they don’t qualify for FMLA (seems like they might not in your case). Double-check with a lawyer just to be safe.
Check out this info here. California has specific laws about paid sick leave, so consulting a lawyer first could save you headaches later.
@Sky
Yeah, getting some legal guidance might help since you’re dealing with a genuine health issue and a small business impact.
Wray said:
@Sky
Yeah, getting some legal guidance might help since you’re dealing with a genuine health issue and a small business impact.
Good call. I’ll speak to a lawyer on Monday.
If their absence is really harming your business and you’ve done your best to accommodate, it’s fair to let them go. It’s not discrimination if you’re unable to run your business with them missing all the time.