Legal Question in Employment Law in California

Re: Can I terminate a New Hire

No. You need to determine the employee's status and whether this is due to an on the job or off the job injury or illness. Many factors will play a part in how you handle this. You should consult with an emplyment lawyer for step by step guidance.

If you would like to discuss this matter in more detail, feel free to call.

Re: Can I terminate a New Hire

At a minimum, you have a legal duty to engage in an "interactive" process, whereby you must inquire into the nature of the disability and what you, as an employer, can do to reasonably accommodate the employee. If there is no accommodation possible, without causing undue hardship to the company, it may be lawful to lay the person off. But this is a very complicated and dangerous area of law for employers and it would be prudent for you to consult with an experieneced employment law attorney before you take any action that may result in an expensive lawsuit.

Re: Can I terminate a New Hire

'At will' employees can be fired any time for any reason, EXCEPT where illegal, such as when a disability claim creates a requirement to reasonably accomodate. In this case, you said 'indefinite' leave. That opens the door for a discussion of self-termination, among other issues. If you are in SoCal, feel free to contact me to consult in order to get an actual specialist's 'legal opinion' rather than mere anonymous generalities.