Q: what happens if I am supervising someone whose Provisional Mental health license has just expired
I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out he failed the exam and his provisional license expires in 3 days. What do I do or can I just let him go. He does have a client load which I will transition to myself or other providers.
A:
I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to bring a claim. As a general matter, an employee be can terminated for any reason or no reason, as long as it is not an unlawful reason, and being unqualified for the role can generally be a legitimate reason to let someone go. However, I think that before moving forward, you should speak with a lawyer who can walk you through the appropriate analyses to consider when terminating an employee. For instance, you always want to be sure that there are no unresolved complaints or requests for leave or accommodation. Also consider if you have elected to terminate in similar circumstances previously. If you're satisfied that there are no outstanding issues, then termination of employment likely could be appropriate. Still, you should speak with a lawyer to get a full analysis.
**This response is for informational and educational purposes only and is not intended to be a substitute for independent and professional legal advice. Answers to any questions here do not establish any attorney-client relationship and thus are not subject to any attorney-client privilege.**
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
