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Allergic to work
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We are in the process of relocating a portion of our production staff to a building across the street. A short-term employee claims to have had a reaction (nothing visible – difficulty breathing
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Allergic to work
posted at 6/30/1999 1:50 AM EDT
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Posts: 30
First: 6/28/1999 Last: 11/3/2004 |
We are in the process of relocating a portion of our production staff to a building across the street. A short-term employee claims to have had a reaction (nothing visible – difficulty breathing) during a walk-through of the new work area and therefore is asking not to be assigned to that building. S/he does not have medical documentation on record to indicate any limitations/restrictions nor is s/he willing to get any (since s/he is currently not entitled to insurance benefits). A supervisor has stated that the employee did seem to be short of breath at the time indicated.
For various reasons a number of our employees (who would receive first consideration) have requested to stay in the original building should positions become available which complicates the option of allowing this employee to stay put. We’re unsure of exactly what our options are. With the labor pool as shallow as it is, we certainly aren’t looking for reasons to let people go. However, if s/he is unable (unwilling?) to perform in the position s/he was hired for, is termination an option or is there an ADA (or other legal) issue here? ADA seems pretty far fetched yet we know that though ADA accommodations are supposed to be requested by the employee, we’re also reading that if we even think there might be a disability we have to consider accommodations for the employee. Your thoughts? |
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Allergic to work
posted at 6/30/1999 9:58 PM EDT
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Posts: 90
First: 6/23/1999 Last: 9/26/2001 |
Could it be possible that this employee is just out of shape and the tour of the new building strained their cardiovascular system?
I would continue with the changes that need to be made. Make a note of it and if the employee gets moved, and THEN has problems, have them see a doctor. You could worry yourself to death with the "what if's." |
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Allergic to work
posted at 7/1/1999 12:06 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I guess I would need to know a lot more before I could give you an opinion, but the fact of the matter is that I think this is a pretty hard question. We know that there is a "sick building syndrome" claim that could be made. We also know that such a claim might implicate the ADA (if the employee has a disability which affects a major life activity, which does not sound like the case here, but it could), and that the employee might have a workers compensation claim. (After all, work is making the employee sick.)
I think you would be wise to consult with an employment lawyer who could talk to you about ALL of your options, and their implications. If you would like a referral to a labor and employment attorney in your area, just drop me a note. Matthew T. Miklave Epstein Becker & Green, P.C. 250 Park Avenue New York, New York 10177 (212) 351-4663 (212) 661-0989 (fax) MMiklave@ebglaw.com (e-mail) |
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