Legal Question in Employment Law in New York
employee termination
i have a part-time employee who is frequently out sick, or out due to personal problems. She has worked for me for almost three years. Recently, she had a more serious health problem, but expects to return to work in 1-2 months. I have been operating with a temp employee in the meantime. Am i obligated to take my permanent employee back? if i do, must i give her the same number of hours? the same duties? can i offer her a lesser job, such as office-cleaning? I have a small business (medical office) with 5 part-time employees and her frequent absences are a burden on everyone. Thank you!
1 Answer from Attorneys
Re: employee termination
This is a difficult question because it collides 2 principles of law: An employer cannot terminate an employee solely because of a disability if the disability can be accomodated by a job modification at low burden to the employer but an employee cannot be protected by the law if she is unable or unwilling to do the work for which she was hired.
This is a case that is dependent on the specific facts of the case and it is necessary for you to consult with your attorney in detail about the situation in order to protect yourself as much as possible.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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