Can you fire an employee while that employee is on light duty orders from a doctor for misconduct not related to reasons for light duty
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you fire an employee while that employee is on light duty orders from a doctor for misconduct not related to reasons for light duty
Insubordination, cussing the boss out, calling the boss names. Not working when scheduled and still on 90 day probation
Asked on July 1, 2009 under Employment Labor Law, Mississippi
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Yes you can as long as you can prove that you didn't fire the employee for reasons related to the light duty order. I say this because the employee would probably claim that he was fired because you didn't want to accommodate his doctor's light duty order. You should keep a record (in writing) of all the instances of insubordination (cussing, calling names, etc.) in order to have proof that you fired the employee for insubordination.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.