Q. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We've offered him other positions, but he's refused them all. Can we legally terminate him? L.B., North Carolina
A. Based on these limited facts, you're probably safe to let this employee go. Remember, your ADA duty to offer a “reasonable accommodation” doesn't require that you let the employee choose the accommodation. If more than one reasonable accommodation exists, your organization can choose which to offer.
Here, by offering your employee a job transfer (presumably at the same pay, hours and benefits) you've effectively cleared your ADA duty. That means you don't have to continue holding his job open after he refuses the accommodation offer.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Here's intel on how the other side approaches union elections
- Exit interviews: Use them to cut turnover, unveil legal risks
- Seek legal assistance when negotiating contract terms with union
- Alert: Key EEOC reporting deadline is next Thursday