We have a field based sales person that is not working the agreed-upon number of hours although the sales numbers are adequate, but we decided to fire him due to his work ethic influence on other employees. He applied for short term disability, can we still terminate this person even though he has requested STD?

You can fire the person for not working the agreed-upon hours even if the sales numbers are adequate. You have a right to expect maximum effort and in this case a greater effort would likely produce even better sales numbers. You have the right to set minimum hours for exempt employees.

As for the short term disability claim – you can take any action against an employee on STD (or even FMLA) that you would take without the leave in effect. If you have 50 employees within 50 miles, FMLA rules apply but this employee is probably not covered by FMLA. Even if he is covered by FMLA, he can be fired for documented actions that occurred before the leave started.

Hope that helps you out. =)

A note about HR laws:
Laws concerning employee treatment, benefits, hiring and firing…etc are multi-level. What this means is that there are Federal laws, state laws and sometimes local regulations that have jurisdiction over an employee. The information presented here should not be considered legal advice. Ultimately, employers with serious legal questions should consult local attorneys with expertise in worker relations.
The questions and answers presented here are based on research and data from internet sources and should not be considered the final word.

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