Senior employees

Director1234

I have a 64 year old female manager who has been out ill over the past six months with many different ailments. This has effected her work tremendously. She seems to be in pain alot of the time and has many subscription drugs that she takes for the pain. These medicines makes her drowsy, forgetful and the whole department is going downhill. I have tried to convince her it may be time to retire or quit but she is reluctant. I do not see this situation getting any better and I need to make a change but I do not want a big law suit either. Any suggestions?

Don D

No offense intended, but I used this exact question in a supervisor's training session at my last company. Almost word for word. Were you there?

Director1234

I was not there but it would be helpful if you could tell me what solution you may have developed. Thanks

Don D

64 year old manager: Covered by the Age Discrimination in Employment Act.

Female manager: Covered by title VII.

Absent six months: Probably should be on FMLA which demands that she be returned to her job and not retaliated against.

Absent six months with illness: Could be ADA covered employee.

In pain a lot: Ongoing illness. Perhaps time for more FMLA or ADA accommodation.

Subscription medicine: I assume you mean prescription medication. What are they? Do they make her drowsy? What is your policy on narcotic medicines that affect ability to work?

You have tried to convince a woman over 40 that it is time to retire: There are lawyers on every corner in your city and two per corner on some streets, who would love to hear her say that and have you confirm it.

I do not want a big lawsuit: I lost count of the types of claims she could make in her complaint.

Are you the HR professional at your company? What is the job title of your supervisor? Does the company have an attorney in house or one who handles labor issues for them?

Hunter1

Director: Boy, Don hit the nail on the head with his answer. EVEN IF you had performance issues which you could document, you've doomed your case if you've tried to convince a 64 year old woman that it's time to retire. Not to be too pessimistic, but I don't know if you will ever be able to build a case you could defend with regard to this employee regardless of her performance or lack thereof.

JM in ATL

Of course Don just pointed out your biggest concerns. Those are big issues which as stated can lead to lawsuits. Even if you had the best of intentions with the direction you were trying to lead this employee.

Is she out on FMLA? Do you have any documentation? Do you need to grant her FMLA?

If your ee is on FMLA or if you don't qualify for FMLA, on Leave of Absence as the employer you have every right to bring in a temporary replacement for this employee until she can return to work at full duty.

Personally, if I followed the law up until this point, I would have her doctor authorize her to return to work, especially if her Rx makes her drowsy. She could harm herself or others on her way to work if she doesn't use mass transit.

You really need to evaluate your situation here and if you don't feel like you can come to a conclusion which is within the law, then get an employment lawyer involved. My theory is: It's better to spend $500 now consulting an attorney than $50,000 tomorrow in court.

Keep us update as to how your situation goes.

JM