Q: Can I fire an employee in NY for calling off sick multiple times for the last couple months?
My dental assistant has been continuously calling off work for feeling sick or being in the hospital yet is coming up with multiple excuses as to why he can't produce hospital records or doctor notes. I never made him sign a contract when I hired him so I am unsure how to go about firing him. I would like to know is it legal to fire him for calling out sick too many times, or should I give him a written warning. I have a small practice and can't afford to have my dental assistant constantly calling off.
I am a small business owner with only 2 paid employees.
A: Please call employment lawyers some of whom serve all of NYS. There are local laws which forbid asking for medical excuse documentation except if certain conditions are met. Each employee is unique unless you have an employee handbook and apply policies uniformly.
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