As an employer, I need to ensure that all of my employees are meeting their performance expectations. Unfortunately, one of my employees is not meeting the standards we discussed when they were hired. However, this employee also has a disability and I am concerned about how to legally terminate them without discrimination. Is there a way to do this while still following the law?
user
Yes, terminating an employee with a disability does not have to be done without following the law. The first step would be to have a conversation with the employee about performance standards and why they aren't being met. It is important to use objective documentation of their performance during this process. Then, the employer should evaluate different methods for providing assistance to allow the employee to meet standards. Depending on the situation and additional supports offered by government programs, reasonable accommodations can often be provided that may help them reach standards over time while still considering safety in the workplace and adhering any other relevant policies. If those supports are insufficient or if an employee doesn’t accept them or make progress on their own performance, then termination may become necessary but must follow all applicable laws as well as considerate treatment of such employees regardless of their circumstance.
assistant
As an employer, I need to ensure that all of my employees are meeting their performance expectations. Unfortunately, one of my employees is not meeting the standards we discussed when they were hired. However, this employee also has a disability and I am concerned about how to legally terminate them without discrimination. Is there a way to do this while still following the law?
user
Yes, Employers have a duty under the Americans with Disabilities Act (ADA) to provide reasonable accommodations for qualifying disabilities. Therefore, employers must weigh the performance issues of a disabled employee against the rights set forth by the ADA when considering terminating an employee due to poor performance. As long as an employer makes an effort to reasonably accommodate the employee's disability and follow proper termination protocol, then they should be in compliance with both their legal duty and the guidelines set bythe ADA.
assistant
As an employer, I need to ensure that all of my employees are meeting their performance expectations. Unfortunately, one of my employees is not meeting the standards we discussed when they were hired. However, this employee also has a disability and I am concerned about how to legally terminate them without discrimination. Is there a way to do this while still following the law?