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I have an employee , who has worked for me approx 7 weeks. Has missed several days, due to family and personnel obligations. This past Tuesday May 9 2017 he called before work and said he was sick and would not be in today. Later in the afternoon he shows up with a note from a doctor telling him to take the next six weeks off work so they could find out what was causing his diarrhea and vomiting . I operate 3 man auto repair shop and find it very difficult to run the business with a man less. I have not been very satisfied with his work or work ethics since he started working here. Would I have any legal problems with wrongfull dismissal since he has a doctors and replace him some one else.
Terminating an employee on sick leave exposes you to liability even if the decision to let the person go is not connected to their medical leave. You could hire a temporary replacement or issue a termination letter but you should get legal advice before you make a final decision. Do not hesitate to contact us at the number below to discuss the options available to you and determine the best course of action to reduce your risk.