Terminating
an employee? Here's what you must consider before firing.
Developing terminating disabled employee policies may seem
a bit frightening. After all, even those employees without
disabilities file lawsuits against their employers claiming
that they have been discriminated against. When it comes to
creating terminating disabled employee polices, you must understand
that the person may have more grounds for claiming discrimination:
the disability he or she has. You must account for this when
developing your terminating disabled employee policies.
What to Include in Your Terminating Disabled Employee Policies
When developing your terminating disabled employee polices,
it should be similar to those you follow for terminating your
other employees. You must develop a policy to document employee
problems properly. This includes describing the situation and
detailing when you discussed the issue with the employee.
As with all employees, your terminating disabled employee
policy should also include discussing the issue with the employee.
If the employee believes the problem you are having relates
to his or her disability, you must address it now. When you
document the conversation, mention that you and the employee
discussed the disability. Make it clear when the employee agrees
the poor performance is not related to it. Document carefully.
If you build up evidence against the employee without doing
this, he or she may later claim the problems all resulted from
the disability. Then you must put that person back on the payroll.
Special Considerations When Developing Your Terminating Disabled
Employee Policy
Keep in mind that your disabled employees do have special
rights granted to them by the Federal government and the State
government. These laws often change, so it is best to buy an
employee handbook that provides detailed and up-to-date information
about the laws for employees with disabilities. After doing
your research and being current on the laws for your particular
business in your state, build your terminating disabled employees
policies around these laws.
Also, remain knowledgeable about your employee's disability.
Since there is such a wide range of disabilities possible – ranging
from emotional, to physical, to mental – the problems
your employee may face will be different. Similarly, there
will be certain special considerations you will need to take
for employees based on their disabilities. A person with anxiety
disorder, for example, may be able to handle a low stress job
standing for long period of time as a check-out clerk. On the
other hand, a person with a deformed leg can handle a stressful
position but cannot stand or walk for extended periods of time.
You must consider each disabled employees needs to ensure that
you do not terminate because of the disabilities he or she
may have.
The
employer's guidebook to progressive discipline and employee termination
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