Question: can you fire employees who can't speak English?

[BushOut06]

I need help settling a debate I've been having with my boss. We have an installer who is Mexican (he is here legally), and can barely speak a word of English. He's in a position where he ocassionally has to deal with homeowners and construction supervisors in the field. Usually we have to get another Spanish-speaking employee on the phone to translate, or send someone from the shop out into the field with him to act as an interpreter. Other than the fact that he can't speak English, he does fairly decent work. He's not a perfect employee, but then neither are any of our other employees.

My boss is thinking about letting this guy go, because he's tired of constantly having to send people out of the shop to interpret for this guy. I keep telling him that by doing so, he's opening himself up to a huge lawsuit. He hired this guy knowing his limitations, so it's up to the company to make accomodations for him. I don't believe you're allowed to fire someone simply because they can't speak the language. Seems like I've read stories elsewhere about people filing lawsuits after being dismissed for similiar reasons.

Would like to get some input from folks on this board, especially those who are familiar with labor law. I'm in Florida, if that helps.

[Kiouni]

1. is florida a voluntary hire state?

in nebraska you can be terminated without reason any time. We are a voluntary employment state, while you cant go against discrimination laws it puts the burden on the employee. and is he union? that's a whole different ball-game.

[BushOut06]

5. Florida is a right-to-work state

I imagine it's the same as Nebraska. You can basically be fired for any reason, but there are limits. For instance, you can't fire someone based on their color, religion, ethnicity, gender. Not sure if sexual orientation falls under that, I know it does in some cities.

Also, no unions here.

[kestrel91316]

2. I know here in CA if an employee turns out to not be able to

do the job to expectations, they can be fired. I know. I am the boss and I have had to fire a couple over the years. You never know how somebody is going to turn out, whether they will be ABLE TO DO THE JOB they are hired to do or not, until you hire them and find out. I am very glad to be able to do this without getting sued. I require a basic level of effort and competence.

I think we are what is called a right-to-work state, which doesn't make sense to me. It should be called right-to-hire-and-fire.

[Drum]

3. Yes...we CAN fire George W Bush.

[Maat]

4. Is it possible to send him to English classes?

At the local community college out here in SoCal, they have a program that gets non-speakers speaking English pretty fast, AND it's cheap!

[BootinUp]

6. CHeck if there are any employers associations

familiar with Florida law. I think you should write a basic job description with necessary skills and training for future use as well.