Q: We have a recently hired employee that we would now like to fire. He is within our 90-day probationary period and has called out sick several times because of a medical condition. He is currently still out. In addition to missing a lot of work, there are other problems with his performance. Do we have the right to terminate his employment at any time with or without reason? Or would we need to wait for him to return to work to terminate employment?
A: Florida is an “at will” state which means an employee can be fired anytime with or without reason (as long as it’s not discriminatory) and likewise, and employee can resign at anytime with or without reason. Therefore, legally, sure, you can let him go before he comes back, but that doesn’t mean you should and I don’t recommend it.
Put yourself in this guy’s place. You started a new job, it’s going so-so, and then your (whatever) medical condition, flares up/returns and you start having to call in sick. And then, while you are still out, someone calls you to let you know that you’re fired. That would not feel good, it feels hurtful and disrespectful. I mean, he may understand why you need to fire him, but he won’t appreciate how you did it.
So, let’s not add insult to injury. What you could do instead is the day he comes back, first thing before he starts work I would call him over to have a talk. Take him to an office and let him know that it’s just not working out. Then do whatever version of “it’s not working out” seems appropriate. Focus on the absences not the fact that they are medical. Because, in reality if he was missing this much work for some other non-medical reason (like not having adequate childcare, or transportation) that would still be a fire-able problem. So focus on the absence, not the reason for the absence. And if there were other performance issues (as long as he was already aware of those) they could be mentioned as well.
Or you may have a better way to go about it that accomplishes the same thing. But, the bottom line is, everyone wants to keep their dignity and be treated with respect, so do whatever you think will make him feel that.
©Copyright Eva Del Rio
Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com
