Tallahassee, FL asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida

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.

1 Lawyer Answer
Shayla N. Waldon
Shayla N. Waldon
  • Cooper City, FL
  • Licensed in Florida

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.

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