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Need help on a WI complaint

ElizabetharessElizabetharess 179 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have just received a complaint from a former employee claiming discrimination due to a disability from a car accident. We do have a note from a physician stating that she may return to work. The note does not state "with restrictions". She was terminated because of not taking care of the residents, leaving them on the toilet and not changing undergarments.
Fact: She was working alone with over 20 beds and that is a no no. She mentions this in the statement. And I confirmed this with the Director of the facility.
She did not request work restrictions due to back pain and we presently have no documentation stating she had a disability.
Who can help me nail down the areas I need to concetrate on with this. It is my understanding that she must provide some documentation expressing a disability.
Any help in focusing on this mess would be greatly appreciated.
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  • davidsdavids 427 Posts
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    I'm not sure I am following what the issue is. You start by saying she was terminated for not complying with policy and poor work performance. However, then, it appears that your asking about accommodating her disability. Is she claiming that her poor performance and failure to comply with policy was a direct result of her disability?

    Some questions I have are: What did you tell her when you terminated her and how long ago was she terminated?

    You are correct that in order to assess your responsibilities in a disability accommodation situation, the employee needs to provide medical documentation that clearly indicates what the condition is. You would then need to engage in an interactive process with her to determine if you are able to provide accommodation (assuming that she is disabled under ADA). However, before I go down this road, I would want to first determine if her performance/policy infractions were/could be related to her condition.

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  • ElizabetharessElizabetharess 179 Posts
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    She was terminated while I was on vacation and the termination was for poor performance. She claims she was discriminated against because she had a disability. The only documentation I have is an Rx stating she is able to return to work. The Rx does not state "with restrictions". I have been told that she did not speak with anyone about an accomodation.
    We pretty much have a clear path to follow now that I have been able to speak with employees on the issue.
    Thanks
    ERS
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