Can you terminate an employee with a medical condition?

The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition. Discrimination can include any adverse employment action, including firing or termination.

Can you be fired with a doctor’s note?

California is an at-will employment state so an employer may fire an employee who provided a doctor’s note as long as they can prove the decision was not based on discrimination.

Can my employer fire me for a disability?

Although most employees in the United States work on an “at-will” basis, which means they can be terminated for virtually any reason, the Americans with Disabilities Act (ADA) makes it illegal to fire an employee due to disability.

Do employers have to give notice of termination?

Under the Fair Labor Standards Act (FLSA), employers in the United States are not required to provide a written notice of termination when ending the employment contract of an employee.

Can I sue my employer if I’m fired for being sick?

For these covered employers, it is illegal to fire or discipline an employee for taking leave that’s protected by the FMLA. So, if you were out sick for a serious health condition as defined by the FMLA, and your employer fired you because of it, you may have a legal claim for wrongful termination.

How do I notify an employee of termination?

How to write a termination letter

1. Notify the employee of their termination date.
2. State the reason(s) for termination.
3. Explain their compensation and benefits going forward.
4. Notify them of any company property they must return.
5. Remind them of signed agreements.
6. Include HR contact information.

Can a company terminate an employee who is on medical leave?

Federal, state, and local laws provide various types of overlapping job-protected leave for employees with medical issues. So, employers who are considering terminating an employee who is out on medical leave, or who has requested medical leave, should keep reading to ensure a termination doesn’t result in a wrongful termination claim.

Can an employer terminate an employee for any reason?

In most states “employment at will” prevails—meaning that an employer can terminate an employee for virtually any reason so long as it’s not prohibited by public policy. But more and more often, public policy places protections on employees who need leave.

What happens when an employee is on leave from work?

During the period of leave, the employee will continue to have benefits, and he or she is entitled to resume his or her job or an equivalent job with the employer after the leave. Additionally, a covered employer must provide an intermittent or reduced work schedule if an employee has a medical need.

How do I substantiate a medical reason for termination of employment?

The medical reason should be substantiated by a written notice from a medical doctor. The notice should specifically state whether work is disallowed, or if work can be performed with specific restrictions, and for how long those restrictions apply.