Legal Question in Employment Law in Alabama

When can I dismiss an employee for inability to perform her tasks?

Employee has been out 6 weeks due to herniated cervical disc. Has numbness in fingers of right hand. Needs full use to perform her job well and safely. Not covered by Family Medical Leave Act as we are a very small business. Need to replace this employee in order to keep business up.


Asked on 9/18/06, 5:03 pm

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: When can I dismiss an employee for inability to perform her tasks?

I am giving a seminar on this later this week in Birmingham. You should come and learn about employment law for the small business!

In any event, as long as you are not retaliating against him for filing a Worker's compensation claim then you can probably go ahead and get rid of him. But the short answer is that you can always replace him - he might be entitled to get his job back when he is able to perform, but you can always get someone in there to do the job that is needed.

Nor do you need to pay him, at least not outside worker's compensation laws but that's another issue and you should have insurance to cover that issue.

If you need any further help please do not hesitate to email me at [email protected]

Sterling L. DeRamus, Attorney at Law

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Answered on 9/18/06, 6:09 pm


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