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Terminating an employee out on disability...?
Legal question...
An employee has been out on disability leave for a leg injury. It's been six months and he's collecting disability. The company is unable to offer him reasonable accomadations because for his job he needs to be able to walk around and do janitorial work. there are no other positions open that he is qualified for. The company has a temporary employee doing his job currently and would like to terminate the employee out on leave and make the temp permenant.
Somethings of note...
He's been out for over six months, so he's not covered by FMLA if I understand correctly.
He is a legally blind individual, Albino. But ADA doesn't cover this becaue this has nothing to do with his vision at all, only his leg injury.
This individual has been out on disability three times in a year and a half for separate injuries. He's provided doctors notes.
NYS if that makes a difference.
I'm going to check a few sources on this, don't want anyone thinking I'm turning to Yahoo answers for definitive legal answers haha.
1 Answer
- ?Lv 77 years ago
Well, obviously any business that employs people should have a legal department, or a lawyer on detainer, so of course you should consult with them.
But, just for information's sake, being disabled doesn't mean you can't ever get fired. Since he cannot do the job he was hired to do and there's no reasonable accomodation for his injury, he can be fired. But again, consult with your lawyer first.