Legal Question in Employment Law in California
Salaried employee termination
Can I terminate a salaried employee (restaurant manager) for excessive absences due to sickness. The restaurant needs a manager on site all the time.
1 Answer from Attorneys
Re: Salaried employee termination
You should be really careful terminating a sick employee. If he turns out to be disabled or eligible for FMLA or CFRA (California Family Rights Act leave) this might be an unlawful termination, disability discrimination, violation of CFRA, and other claims.
I suggest you investigate the reasons behind his absences more thoroughly and if he has a serious medical condition, and your restaurant employs more than 5 people, you have certain important duties and obligations to follow as an employer.
If you would like to discuss this further, feel free to contact me.
Arkady Itkin
Attorney at Law
http://www.sanfranciscoemploymentlawfirm.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
