Can I fire an employee that has lodged a complaint against my practice?

Provided by:  Jennifer Kirschenbaum, Esq.

August 1, 2019

Question:

Jennifer,

An employee has lodged a complaint against my practice for failure to properly pay sick time.  This employee is an extortionist, looking for any reason to disrupt the practice and avoid working.   What can I do here?  Do I have to suffer her employment further?  She also has been calling out sick, a lot. 

Thank you in advance. 

Dr. M

Answer:

Depending on the circumstances - where the complaint was filed, and for what, your employee likely has retaliation protection to an extent.  That being said, precedent exists that an employer need not suffer an employee refusing to adhere to his/her job functions.  

Employee write ups documenting non compliance are critical to ensure you have a paper trail evidencing a firing or change within the company is justified.   Be sure to have any witnessing staff provide their own write up of any encounter.   Be sure you deploy the practice's write-up and discipline policy uniformly for all employees - which can quickly become one of the hardest parts - refraining from favoritism.   If you encounter hostility with the employee, consider immediately inserting counsel in the middle.  


  


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