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Not every injury causes a disabling condition that qualifies for ADA protection.
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 his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.
Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.
Q. We hired a temp worker through an agency while one of our employees was out on a 12-week pregnancy leave. Five weeks after she started with us, she was injured at work. Are we responsible for her workers’ comp claim, or is the temp agency responsible?
Q. I will soon either sell my business or close it down. Either way, I will most likely have to lay off all eight of my employees. What are the legal requirements in Pennsylvania in connection with these layoffs?
Q. We run a small printing company and have an employee whom we want to move from the day shift to the swing shift. Although this employee has the most seniority, he has the least experience with the presses we run during the day. When we told the employee of our plans, he said that moving him would be illegal. Is he correct? We are worried that if we move him and he quits, it won’t be the last time we hear from him.
Here’s a situation you can use to your advantage if you offer light-duty work to an employee who claims he has become disabled: If he turns down your offer, that could sink any disability discrimination claim he later makes.
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?
A San Diego restaurant and catering company’s nine-year history of hiring undocumented workers came to an end in late 2011 when the owner pleaded guilty to federal charges.
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.