Post traumatic problem

We have an employee who was assaulted over a week ago. He was treated and released from the hospital the same day and stayed home a few more days following the assault to get his life in order.

When he came back to work with a doctors note releasing him, he was unable to concentrate or keep focused on his work. In our line of business that could put our company in legal liability if he let confidential records leave our office. I spoke with him and told him to take a few more days off and consult with his doctor about a referral to a counselor to help him work through his problems.

He has since come back to work again with a doctors note, but he is not any better. His supervisor wants to tell him that if he is not able to concentrate on work, it will affect his job and would most likely lead to termination. The employee is not eligible for FMLA (not with the company long enough).

The supervisor has had problems in the past with lack of attention prior to this happening, and thinks that he is now using it to his advantage.

Any comments or suggestions would be greatly appreciated.

Comments

  • 4 Comments sorted by Votes Date Added
  • It's also possible that he will make an ADA claim sometime in the future.
  • I think you have to address the performance issues. If the doctor has fully released this employee to work, I would write him up for the lapses. If the employee brings up that this is a medical issue, I would not necessarily agree with him. He has a full release, so there is no indication that it is a medical issue. But you should ask the employee, what can we do to help you do your job 100%. If the employee comes up with a reasonable and doable solution, great. If the employee doesn't, he needs to be held accountable for his actions.

    In otherwords, you can listen to the employee's explanation, talk about possible accomodations, and during the entire time, not agree that he is disabled and hold him accountable for his actions.

    Good Luck!
  • Did the supervisor document performance issues referenced to have occurred prior to the assault?
  • That is exactly what the supervisor wants to do, hold him responsible for his performance at work.

    Fortunately, he had his 90-day introductory period extended for 30 days due to performance, so we have written documentation of his performance prior to his assault.

    Thank you all for input. I just wanted to make sure that we were going in the right direction.
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