I work in a medical practice and I have an employee who is pregnant & in her first trimester. She has acute morning sickness, she was assisting the Dr. & had to leave the room to dash to the bathroom. This woman interviewed like a dream but her actual performance on the job has been less than stellar. The physician would like to fire her & I'm afraid it would be a discrimination suit. I would like to lay her off instead. Any words of advice?
Asked on 12/01/15, 11:01 am
1 Answer from Attorneys
JAY Nixon
nixon law offices
You should be afraid, very afraid, of firing anyone with a disability these days without laying a detailed performance based foundation for the decision. Don't even attempt this without close consultation with an experienced employment lawyer, who will probably tell you not bother, and to instead accommodate her issues (which are presumably temporary). Hiring a temp to cover the inevitable leave period with the job remaining available for her to return to afterwards is a much safer option than dismissal.
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Answered on 12/07/15, 5:06 am
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