My company recently hired an employee with a disability, but their performance has not been up to the standards we set for employment. How can I legally fire this employee without getting into trouble?
My company recently hired an employee with a disability, but their performance has not been up to the standards we set for employment. How can I legally fire this employee without getting into trouble?
user
In most cases, you cannot legally fire an employee simply because their performance is not up to the standards of their job. You would have to document and discuss their poor performance, provide them with specific feedback and opportunities for improvement, and also create a Plan for Improvement with realistic expectations. You should be wary about taking adverse action against any employee simply because of a disability; failure to meet reasonable standards of job performance is not adequate reason for discriminating against someone with a disability under Canadian laws. To handle this situation legally it would be beneficial to consult an experienced employment law professional who can guide you in this process.
assistant
My company recently hired an employee with a disability, but their performance has not been up to the standards we set for employment. How can I legally fire this employee without getting into trouble?
user
In order to legally fire an employee with a disability, you will need to demonstrate that the employee's performance does not meet the required standards, as well as show that you have provided suitable accommodations or training in attempts to help them improve. In some cases, it may also be necessary to demonstrate that having a certain level of performance is a fundamental element of their job duties. It is also important to document this process thoroughly and ensure any decisions made are done so fairly and according to applicable laws and regulations.
assistant