Theresa Gegen TX
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Yes. However, such a small company is probably not covered by the ADA laws (unless state law covers it). There is a threshold number of employees required for coverage. This means that the company may not be required to give an accommodation (ass…
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With my apologies to Don above, I am going to advocate for the employee. Let's assume that the employee really is allegeric to the flowers. The flowers make her sneeze, cough, and feel miserable. What are the other employees giving up by not h…
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Whether something is a disability is not based on the diagnosis. Rather, it is based on the limitations that stem from the condition -- is this employee substantially limited in a major life activity? That depends on (1) what the major life activi…
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You could ask him for medical documentation of his condition so that you can determine if there is a reasonable accomodation that can be made (for example, a dr's note or information about when it was diagnosed). He may be diagnosising himself base…
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I think you did the right thing by telling him the options that were available to him. I don't see any facts that support FMLA (since it appears that his condition was stable and permanent and 12 weeks off would not make any difference). If he is …
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Yes. Most cases that address this situation under the ADA say that once the employee has exhausted all FMLA and company leave, the employer may be required to give additional leave as a reasonable accomodation. If the employee cannot come up with …
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You will also need to consider your company policy and whether other employees have been given extended leave. You don't want to treat her differently than others. Good Luck!
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Be careful with this if you are a public employer. First, most states have laws that mirror (or exceed) the ADA and those law state laws most likely will apply to you. Second, you must actually be a State or Arm of the State to have this 11th Amen…
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The prior answer was very good. The company needs to look at the essential functions of the positions that this employee could be entitled to under the union agreement. Then discuss with the employee whether there is a way he can do the essential …
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Yes. The employee should ask. But the employee does not need to use any "magic words" -- like "reasonable accomodation". The employee just needs to give the employer enough information to put them on notice that the employee needs some help getti…
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Basically you now know that the employee has a medical condition that may be a disability and that the employee claims the medical condition is causing her trouble completing her work. I believe that this is enough information where by the employer…
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Having another employee do his work is not reasonable. You may want to look at your leave policies and see if you can put him on leave until he is able to return to work and do his job. Good Luck!
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I assume that under your union rules, the most senior person will get the job (it will not be based on individual performance etc.) Since you already have his restrictions, (and I am assuming they are permanent restrictions) I would look at the job…
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A couple of issues to consider: Building use -- is the building a place of public accomodation (like a retail store). If so, title III of the ADA applies. I found a great website that I recommend you look at [url]www.ada.gov[/url] which talks ab…
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Even if the company owner suffers from Manic-Depressive episodes, it will not excuse him or her from comply with employment laws in regards to the employees. Good Luck!
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For the disabled employee, I suggest you provide a parking space. There is atleast one case where an employee requested a disabled parking space (in a shaded area) because the heat and distance to walk caused her condition to worsen. The employee …
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Write him up. The ADA is not triggared UNLESS he gives a medical reason for falling asleep. If he does, then he should just be asked about reasonable accomodations that can help him. Good Luck!
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Whether or not her requested accomodation is "reasonable" depends on the nature of her job. IF being there in the morning is essential to her job (for example, imagine a donut shop that gets most its business before 10AM), then her request is not r…
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Most the court cases that discuss additional leave find that an indefinate need for additional time off is unreasonable. For example, if the doctor keeps the employee off of work and won't give a return to work date. But if the doctor gives a retu…
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You really need to check with an attorney, and not just the case worker on this one. A case worker is not an attorney and while most case workers have fairly good understanding of the legal rules, they do not have the detailed understanding of how …
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You need to get with a labor attorney before taking any adverse action against the employee. According to the Doctor's note, he is fully able to do the job, so I don't see how you can fire him for not being able to do the job. (Sounds like he woul…
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The EEOC has published guidance on its website that asking such questions pre offer violate the ADA. Your state law may also have some rulings about it. I am not sure if this guidance has ever been tested in court, but I doubt you would want to be…
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Don't let this employee push your buttons. You need to manage him. Hire a lawyer NOW to help you develop the evidence you need to defeat a retiation claim. I can't imagine what his retaliation claim is worth if he is working and released to work.…
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Have the employee work through the worker's comp system. The Worker's comp commission will assign an ombudsman to help the employee. But the time frames for appeal are short and strictly construed!! At this point, your opinion will not matter t…
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Often times the "my wrist hurts" is a precurser to carpel tunnel (or other repetitive stress injuries). You might want to have your safety people look at the job and see if this type of injury is a risk. If it is, you may want to look at how you c…
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If she is claiming that she had a workplace injury, under most state's laws, there is a deadline for filing a workers' comp claim (in Texas is it 30 days). If she has indicated to you (her employer) that she had a workplace injury, you (her employe…
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As James has indicated, worker's compensation is VERY state specific. Your state may require that FMLA not run concurrently with workers comp leave (also you need to check your company policy). Finally, the employee may not be eligible for FMLA an…
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Hire an attorney immediatly to help you deal with this issue. Since the employee has already gotten an attorney, you can bet that you will end up in litigation. Good Luck!!
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Workers' compensation law is extremely state specific (it is a state law program and the rules can be different in every state). Therefore, you may need to get legal advice from an attorney in your state. I would not rely on HR advice from employe…
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Unless your company has facts to show that the accidents were the result of unsafe acts of the employees, I cannot imagine why you would write them up. If your company carriers workers comp, writing up employees because of work place injuries can…