What a Mess!

Rockie

We have an ex employee who was employed less than a year with very sporadic attendance record. Either car trouble, sick, etc. Her position was eliminated beause the physician she was working for decided to go with a private billing agency which was less expensive for him. Employee happened to be out sick during a few days previous to this decision being made.

She was notified that her position was eliminated and she was welcome to apply for any other positons that were available at that time. Her response was "You can't do that, that's illegal." After being advised that this was a business decision, she blurted out "I'm disabled". This is the first time a disability had been mentioned by her. She never mentioned her disability and never asked for an accomodation.

We have gone through the State Human Affairs Commission which found no cause and also from the EEOC which found no cause. She has now found an attorney who would take her case and is still claiming disabiity under the ADA.

I guess my question is: Did we do everything correctly? I've never had anyone take such a bizarre case so far as they usually give up after the first two agencies find "no cause".

HR in Okla

I'm betting if your state panel and EEOC both said "no cause" you have done okay. I can't imagine anyone continuing to push it farther or a reputable attorney taking it.

Even if she had told you that she was disabled earlier, surely you can make a business decision to eliminate a position without violating ADA. Let us know how this comes out.

marc

Agree with HR in Okla, it sounds like you did the right thing. That being said, an attorney friend of mine once said "There is an attorney for everyone." Just because you did everything right does not mean someone won't try to squeeze you anyway. And amazingly enough, many cases with little merit, get settled out of court because of the costs involved with a lawsuit. Some of the insurance companies will settle even when you want to fight, and the write their liability coverage policies in a way that gives them the right to do so. Hope you sail through this one with no damage.

Don D

The only answer to your dilemma is a Bloody Mary, with celery....I know you're vegetarian. .

HR in Okla

I attended the Okla. Employer's Council meeting this morning where our speaker was Leonard Court, an outstanding labor attorney. He reviewed some recent ADA cases and the news was basically good for employers. Based on what I learned this morning, just 'cause that gal crys "disabled" don't mean she is!!

Where are we meeting for the bloody Mary's?

Rockie

I'm ready when you guys are for the bloody Mary's. I really don't think this person has any type of case at all, but it's just the sheer madness and frustration (not to mention the expense) of having to deal with someone who is out to get what they can!