Legal Question in Employment Law in California

I have an employee on the a ticket to work prgram. she is still on probation I want to terminate her. what are ada ramifications?


Asked on 7/29/09, 5:57 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The risk of getting sued.

Make sure you have adequate and true business justification to terminate; problems, warnings, counselings, evidence, economic problems, layoffs, etc. The burden of proof is on you once she claims 'discrimination. retaliation, or failure to accommodate'. I strongly suggest you consult with experienced counsel for actual legal advice and guidance of procedures, based upon all the facts, before making a decision that could bite you. If serious about doing so, feel free to contact me. Unfortunately for you, once an employee qualifies for ADA or FEHA/EEO protection, they are no longer really 'at will' employees.

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Answered on 7/29/09, 6:30 pm


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