Can we ask (& how)?

durasupreme

We have had a couple of ee's who, shortly after hire, have stated they have have permanent restrictions from prior injuries, and are unable to perform the duties of the position they were hired for. Yes, the specifications of the position was discussed with them during the interview, and they did not state they were unable to perform the position, or needed accommodation. One ee has now brought in a doctor slip stating restrictions we are not able to meet without creating a position for him. Our WC carrier is urging me to have the ee's sign off on a form at the time of job offer indicating they have reviewed the job description, including specifications such as lifting, etc., and that they are able to perform the position as stated. They feel that if the ee later comes in and says "this bothers my back, neck, etc. and I have permanent restrictions" we would be able to terminate them for falsification, misrepresentation, whatever. I've asked them to provide me with some samples that I could run through our employment law attorney. Any thoughts on this? Have you had similar experiences? How have you handled it?

Dasher

During the screening interview, I ALWAYS show the applicant a job description which contains the physical requirements for the job. I ALWAYS ask the applicant if they see any requirements which they are unable to fulfill or would require reasonable accommodations to fulfill. Even so, sometimes "stuff happens". I would not trust the advise of the WC carrier because termination for falsification based on signing the form you indicated will not make the situation any clearer to handle legally.

It is probably best to deal with the issue by having an interactive discussion with the employee now and if the company can make a reasonable accommodation, do so. If the lifting requirements are essential for the job, and the employee can not meet the requirements then handle it as a performance issue.

System

You say you discussed the job specifications. Does that mean you have no job descriptions? Our job descriptions clearly spell out physical demands and include the ee's signature that they can perform the job "with or without reasonable accommodations." And yes, you can ask them that. We also conduct a pre-employment, post-offer physical and drug screening.

If an employee came in and told me they could not perform the essential functions of their job, I would say "you mean you're resigning?" Why else would they say that? I don't modify jobs so that we can keep paying people to do what they want to do. Even the ADA expects people to be reasonable.

ritaanz

Sam, great comeback! At times, I found myself using similar language but felt I was being cold hearted. But you are right, you shouldn't have to modify (read waterdown) a job so the person can do only what they want to do.

Sounds like these employees accepted the jobs knowing that they were unable to fullfill all the job fuctions. Was there a pre-employment physical? Maybe there are some inaccurate answers given at that time. I would deal with the issues of misrepresentation and job performance and then sack them.

Pork

PERMANENT RESTRICTIONS, does not automatically give the ee the right of permanent resident in one's company. In our company, unless I had a position in which I could put this person to work within the physician's written limitations, the out side door is where the ee may find work within his/her limitations. Immediate cancellation of the employer/employee relationship will occur. I would not allow the individual an opportunity to express his thoughs and wishes of some accomodation. He/she is not an ADA case unless you make them into one. Treat them fairly and in concert with your company policy, and follow.

PORK

pecohr

If the ee cannot do the job that they were hired to do then you have no obligation to continue their employment. Turn them loose to find a position that fits within their restrictions.

ray a

Do you have a 90 day (or whatever) introductory period? If so, let them go with no reservations.

lorrie

During the interview I discuss the physical requirements of the job, and ask if there is any reason they would be unable to perform the duties of the job, with or without accommodation. Any comments they give here are taken into consideration for employment.

Once a supervisor tells them they are hired and they come to my office for pre-employment paperwork, I remind them that all offers at this point are conditional. We send them for a drug screen and I have them fill out & sign the following papers: a questionnaire about previous work comp claims, an authorization for us to request work comp records from the state, and a specific job description (must be able to lift 100 lbs, work in cold temperatures, etc.) stating that they are able to do the work and are not under any doctors restrictions that would prevent them from performing the duties.

I developed this process after a bad experience like yours, and our attorney has given it his blessing. And yes, it has helped stop some problems. It's amazing what people will admit to when they realize that you are going to check around to verify the information they have given you.

On a similar note: this week we offered a guy a job as a driver and on his application he wrote NONE for accidents and/or citations during the past 3 years. During the pre-employment process I had him sign a form authorizing us to get a copy of his MVR from the state and he hesitated before signing. He said do you think it would be a big deal if there are a couple of accidents? When I asked him why he did not list them on the application he said he forgets about them because neither of them were his fault!

I love my job, every day brings a new reason to laugh out loud; and isn't laughter good for you?