Can you fire an employee while that employee is on light duty orders from a doctor for misconduct not related to reasons for light duty

Insubordination, cussing the boss out, calling the boss names. Not working when scheduled and still on 90 day probation

Asked on July 1, 2009 under Employment Labor Law, Mississippi


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes you can as long as you can prove that you didn't fire the employee for reasons related to the light duty order. I say this because the employee would probably claim that he was fired because you didn't want to accommodate his doctor's light duty order. You should keep a record (in writing) of all the instances of insubordination (cussing, calling names, etc.) in order to have proof that you fired the employee for insubordination.

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