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We have an emp in Oregon that has been having mental issues. He admits he's depressed, has gone to a doctor and got some meds but still seems to be having breakdowns at work. He has used up all his PT
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Looking for guidance

posted at 10/16/2009 11:17 AM EDT
Posts: 38
First: 7/8/2008
Last: 11/18/2010
We have an emp in Oregon that has been having mental issues. He admits he's depressed, has gone to a doctor and got some meds but still seems to be having breakdowns at work. He has used up all his PTO time and does not carry STD. His performance is effecting our customers and he is not getting along with his co-workers. Can we fire him knowing he has mental problems? And if we cannot, what are we to do? Thank you.
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Looking for guidance

posted at 10/16/2009 11:24 AM EDT
Posts: 30
First: 1/29/2009
Last: 11/24/2009
Have you tried suggesting FMLA to the employee? I would tread lightly on this as the individual could be covered by ADA if this mental problem is impeding his everyday life activities.
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Looking for guidance

posted at 10/16/2009 2:06 PM EDT
Posts: 464
First: 6/30/2004
Last: 11/22/2010
I would address the performance issues and either term or start the disciplinary process. If it is an ADA issue, it is up to the employee to ask for an accomodation.

If you offer accomodation without the employee asking, then you are creating a more certain ADA situation.

If you are meet FMLA qualification requirements as a business, then you may advise the employee to fill out the paperwork. FMLA is not an excuse for poor performance, but it can buy the employee 12 weeks to get it together.

We have had this situation occur and not only gave 12 weeks, but gave additional unpaid leave (not FML) but did not protect the job for the post FML.

Require a "return to work" authorization if you go this way. Our two situations, the employee was not released to return to work. We replaced a temp with full time upon the expiration of the FML.
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