EE is a Cutter
hrdilemma
154 Posts
EE's spouse called in stating our EE would not be in and not sure what time frame they will be hospitalized due to attempted suicide. Spouse stated EE was stressed, depressed and can't say NO, so if EE was to return job duties would need to be adjusted because EE felt they were doing several peoples jobs because of system conversion. Spoke with mgmt. and we agreed to put EE back to the basic job function to accommodate the situation. EE had been a great employee and never had any problems. After 2 wks EE called and stated they were being released on Fri.
EE came back to work on Monday, worked 3 days left early for Dr. appt. Next morning received call from spouse EE was hospitalized again. EE took box cutter from work and cut themselves on the parking lot at Doctors. Not sure of time line again but knows EE can't be left alone upon release from hospital according to what the doctor told the spouse. EE called twice this week while still taking ECT (Electro Convulsive Therapy) treatments and wants to return on off days. Explained I needed a release from doctor before I could authorize a return.
1. EE is less than 12 months - FMLA doesn't apply.
2. If I count spouses request for reduced work -ADA accommodations have been requested and put in place.
3. Managaement uncomfortable with situation and possible liability now since box cutter came from our work premise and we can't guarantee EE won't be alone at some time while at work. Issues of other employees or next attempt on our property.
What are your feelings regarding termination on this case. We are a right to work state.
EE came back to work on Monday, worked 3 days left early for Dr. appt. Next morning received call from spouse EE was hospitalized again. EE took box cutter from work and cut themselves on the parking lot at Doctors. Not sure of time line again but knows EE can't be left alone upon release from hospital according to what the doctor told the spouse. EE called twice this week while still taking ECT (Electro Convulsive Therapy) treatments and wants to return on off days. Explained I needed a release from doctor before I could authorize a return.
1. EE is less than 12 months - FMLA doesn't apply.
2. If I count spouses request for reduced work -ADA accommodations have been requested and put in place.
3. Managaement uncomfortable with situation and possible liability now since box cutter came from our work premise and we can't guarantee EE won't be alone at some time while at work. Issues of other employees or next attempt on our property.
What are your feelings regarding termination on this case. We are a right to work state.
Comments
What is your policy regarding LOA? In absence of a formal policy see what the physician feels is required and go from there. You should also provide the physician a copy of the job description and require the physician to certify that the EE can perform the essential functions of the job and if not, what accomodation would be required.
I would also stop taking all the recommendations/request from the spouse. They may be trying to help but this type of thing needs to be between you and the EE, not you and the spouse.
I spoke at length with our EE yesterday and she feels being in the environment with box cutters won't be a problem. Her doctor had her sign a contract with him to call to discuss with him or her therapist prior to any future attempts.
Our EE was released on 8-27 with a full release and no restrictions. Because of the release we lost the leverage we were hoping for to handle the situation. Under ADA we didn't have to make any considerations, none were being asked for. The note simply said EE could return to work on or after 8-29-07 without any restrictions. EE asked what job they would be doing and I told EE I would get with management and get back with the information. I met with CEO and VP of Operations on Wednesday. We all agreed with such a release note we would have to weigh to costs of a
termination. We decided to let EE know they could return to work on Thursday to original position in receiving since this was the position being held open due to EE's LOA. This was the only position available at this time and EE could apply from in-house job postings for other positions at anytime.
EE was very excited but said they would discuss this with their spouse and call me back. I received a call from EE stating they couldn't accept the position because spouse said they couldn't work where box cutters were available. I told EE we would need a letter of resignation and they would need to return all our uniforms. This was done on Friday 08-31-07. Of course all conversations with all parties have been well documented. All I can say is I hope I never have a case of this nature again.
You referred to your business as being in a "right to work" state... did you mean "employment at will" state?