Monthly Archives: July 2010 (page 3)

Does ADA have provisions for accommodation when employees need to care for a family member?

The Americans with Disabilities Act has portions that apply to employment. These require the employer to make reasonable accommodations for disabled workers. It does not require reasonable accommodation for employee family members. Some severe health conditions are covered under FMLA…

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We have an employee whose apparent memory loss issues are severely impacting her job performance. What would be a good approach for this problem?

This must be approached as a performance issue and not a medical or psychological problem. Your assumptions about the employee’s mental state or medical problems must not be part of the process. There are many causes for memory loss –…

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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.…

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Recently, a supervisor was off work for a short while for surgery. Since coming back to work, her performance has been problematic. After observing her behavior we believe she may have psychological issues that need to be addressed. Should we simply terminate her, demand she get help or release her with the option to reapply in the future if her emotional issues resolve?

First, employers have no right to dictate treatment to employees. Emotional issues may be a cause for permanent disability, a side effect of post surgery medication or post surgery pain-related. It is important to make sure no ADA or FMLA…

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Can we step exempt employees back to hourly status if they do not work extra hours (50+) we ask of them? We have short-term demands that require the extra hours’ work and some of our exempt employees are not working the extra hours.

Making exempt employees non-exempt will cause more problems than it solves. It puts them in a position to get paid extra for the extra hours. Making some employees exempt while others doing the same work are non-exempt will expose the…

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