Medical Leave & Discoveries During

[yolandanewell]

What is the name of your state (only U.S. law)? CA

In the absence of one of my companies employees we had to hire a temp to continue the work that this employee normally did (employee went out on medical leave) there have been numerous and outrageous discoveries of poor work performance and violations of company policies by this employee in the period of absence.

What are the options for the company as far as being at will to not want this employee to continue employment?

 

[cbg]

"Medical leave" per se is not protected. FMLA is protected. Is this time covered under FMLA?

 

[mrbw545]

Your question raises many other questions?

Does your company have a legal department that can be consulted?
How was it determined that this employee was qualified for this job in the first place?
Why are the infractions numerous and outrageous? Who trained and is keeping up with this employee? Does your company have a progressive discipline policy? Does this employee report to one person, or several people? Has any documentation been kept? Has the employee's infractions and/or poor performance been brought to the employee's attention? Why are these discrepancies only being found when the employee is absent? The list goes on.