Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up hiswithout violating the . However, you may be violating the ADA by doing so.
Before making a final decision, figure out whether the employee is disabled. If that’s the case, firing him may amount to both discrimination on the basis of disability and failure to accommodate.
Recent case: When Paul Wamack became depressed, he underwent inpatient treatment. He used up his FMLA leave before he was released. His employer terminated him.
Wamack sued, alleging disability discrimination and failure to accommodate. The court said the case could go to trial. (Wamack v. Windsor Park, et al., No. 10-CV-6808, ND IL, 2011)
Note: Offering additional time off is a legitimate ADA accommodation.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/29735/beware-ada-lawsuit-if-you-fire-after-fmla-leave-expires "