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Terminating an EE

maryfmurraymaryfmurray 75 Posts
in HR & Employment Law Vote Up0Vote Down
We have an ee who has been out due to alcohol problems. The issue began approximately 4 weeks ago. We received a phone call from the ee brother informing us she was placed in rehab. She is not eligible for FMLA since her service with us is less than 1 year. It was decided to allow her to use her leave on the books until her leave runs out. We have reached this point and have heard nothing from this ee. It has now come to my attention that the performance of this ee was not well and the department wishes to terminate. How do we proceed? Does anyone have a template on a letter you would send to the ee informing them their job has been terminated? We do not have a policy in place for no show ee's. I have instructed the PD to document everything since the incident has happened but I am not sure what legal steps to take next.

Any information from other HR professionals will be welcomed.

Thanks!I need to get this taken care of immediately. As the saying goes, it should have been done yesterday.

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Comments

  • 6 Comments sorted by Votes Date Added
  • szemcumoszemcumo 205 Posts
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    We had a similar situation. Our ee however was incarcerated. You may need to check to see if she is protected while in re-hab. We termed due to unavailablity due to the incarceration. We have since re-hired ee after she had served conditions of her patrole.
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  • YahooYahoo 250 Posts
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    Aren't recovering addicts protected by the ADA? Would the same apply to recovering alcoholics?
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  • SystemSystem 5,885 Posts
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    The ADA protects prior drug addiction. Not current use. There is no current protection for alcohol abuse or while the employee is in rehab. - that I know of.


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  • YahooYahoo 250 Posts
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    I knew current use wasn't covered (thank goodness!), but wasn't sure where rehab fit in...
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  • Giants JunkieGiants Junkie 16 Posts
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    The ADA does not protect workers participating in drug or alcohol rehabilitation programs unless they have refrained from drug or alcohol use for a significant period of time, according to a 2001 decision of the federal 9th Circuit Court of Appeals. Additionally, because you allowed the employee to use up her leave (I'm assuming that means PTO, sick leave or vacation?) which appears to have expired, and she has not returned to work or even communicated with you, I would send her a letter indicating she has abandoned her job. Here is some language from a letter I used that may be helpful:

    "As you are probably aware, you have used up all of your leave entitlement (insert here the amount of vacation or sick or PTO used). We are assuming that since we have not heard from you that you have voluntarily abandoned your job and your employment has been terminated effective immediately.

    Your final check is being prepared and will be sent to you via Certified Mail, Return Receipt Requested, by ______________. Please call me to arrange for you to pick up your personal belongings and to return your keys and any other company property that may be in your possession. You can reach me directly at _________________."

    Good luck!

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  • maryfmurraymaryfmurray 75 Posts
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    Thank you all for your input. It has been very helpful. I find this to be the worst part of the job notifying an employee they are no longer employed. I know I shouldn't take it personally but I feel for each and every employee I come in contact with.

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