Before terminating someone who is disabled, make sure that you don’t inadvertently create a reason for them to sue you.
You can discharge disabled workers—as long as you have genuinely tried to come up with reasonable accommodations that allow the worker to perform the essential functions of her job.
You can also terminate disabled employees who have been out of work for an extended time, have used up other available leave and don’t or won’t commit to a return date.
However, you should never muddy the waters by mentioning how much the disability may be costing you.
Recent case: Allen started selling home appliances for a small retailer in 2002. Regular promotions meant he eventually became the general manager. Allen’s job involved a variety of tasks, from clerical work to unloading and moving appliances. He was often referred to as a “floater” who regularly took on tasks in many different store departments when needed.
Allen...(register to read more)
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