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I wonder if Rip Van Winkle had this problem?
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I wonder if Rip Van Winkle had this problem?
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We have an employee who has been here about two years in the capacity of a manager in our software engineering dept. I have heard rumors that many times during meetings with his staff or alone in his
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Forums » Topic Forums » Legal Forum » I wonder if Rip Van Winkle had this problem?
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I wonder if Rip Van Winkle had this problem?
posted at 1/31/2010 4:43 AM EST
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
We have an employee who has been here about two years in the capacity of a manager in our software engineering dept. I have heard rumors that many times during meetings with his staff or alone in his office, he falls asleep. Apparently he told my illustrious leader something about his condition being due to medication he is on .Just the other day I notice myself that he was sleeping(lucky guy) during work hours. His boss says that "when he's awake he does great work". Well , now two years later illustrious leader wants to know if there is something that can be done and are we not violating the ADA laws. It is my feeling that for two years you have accomodated him-(really chose to do nothing) but, that since this is impeding on his job performance he could be let go. Should we start documenting or has enough time and enough people seen this that we can let him go now? |
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I wonder if Rip Van Winkle had this problem?
posted at 1/31/2010 6:03 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Well I agree with you in that for two years this has been tolerated. Some may see this as an accommodation because he claimed it was medication but others would say "so what." I don't see evidence yet of any claimed disability either so I'm in the "so what" crowd. (for now)
With that said the bottom line is that he has gotten away with this for two years without any record of disciplinary or corrective action. Consequently I would not start the process with a termination. I'd start the process with counseling that includes giving him the formal opportunity to state his claim. Then he can prove it and you have the necessary information to either seek some medical confirmation that this is in fact a bona fide disability or just a sleepy employee. You can then proceed from there with facts and not supposition. |
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I wonder if Rip Van Winkle had this problem?
posted at 1/31/2010 7:00 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Totally agree. Start your documentation - this will be critical because you have, as noted by HRPro, put up with this nonsense for 2 years.
Is it possible that it's medication? Yes, but have the employee provide documentation of it from a physician. My guess is that he won't or, more likely, cant |
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I wonder if Rip Van Winkle had this problem?
posted at 1/31/2010 2:46 PM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree with the other two...start the process now. If you don't have formal ADA forms, there are some online. Just Google ADA forms and you should find a lot --- the one I modeled ours after came from a School District's HR site.
That will least give you an idea of whether the condition even falls under ADA and what reasonable accommodations there might be. Also start documenting performance expectations and failures. I do agree your company hasn't helped itself by ignoring the issue for so long, so you need to be extra careful/cautious, but you don't need to not proceed forward. |
Forums » Topic Forums » Legal Forum » I wonder if Rip Van Winkle had this problem?
