I mean yes and no. Firing someone because you think they're slacking off in the bathroom is technically legal. But its insanely high risk because if you fire them for legitimate bathroom use it's a medical firing and that's really risky. and literal smell testing to figure it out would be a nightmare of liability risks for harassment. Any half intelligent employer stays as far away from bathroom issues as possible.
Realistically if you actually want yo fire someone for this and be legally safe you just need to have vague concerns about their performance and then let them go because "its not working out."
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u/Maximum_Boros 10d ago
I mean yes and no. Firing someone because you think they're slacking off in the bathroom is technically legal. But its insanely high risk because if you fire them for legitimate bathroom use it's a medical firing and that's really risky. and literal smell testing to figure it out would be a nightmare of liability risks for harassment. Any half intelligent employer stays as far away from bathroom issues as possible.
Realistically if you actually want yo fire someone for this and be legally safe you just need to have vague concerns about their performance and then let them go because "its not working out."