Employee Assistance Program/Penalty for Not Completing Counselling?
susan macias
21 Posts
Question: an employee is required to go to EAP in lieu of being fired after a failed attempt to steal money from employer's cash register. He attended a session and then was referred for out-patient counseling. He failed to attend out-patient sessions & was asked not to return unless he was serious about completing the program. The supervisor wants to terminate. Would a termination on these grounds be legal? Thanks.
Comments
If it's not a disability (or if he doesn't have any mental condition at all), then he might be able to sue if you "regard" him to be disabled. In other words, you incorrectly believe him to be disabled and you discriminate against him because of this non-disability. Here's a good article on the topic:
[url]http://www.hrhero.com/q&a/eap.shtml[/url]
I'd feel better focusing on his conduct: He committed a serious violation of company policy, and how can he assure you it won't happen again? I wouldn't demand that he attend counseling. But put the burden on him to prove to you somehow that he's trustworthy enough to keep his job.
James Sokolowski
Senior Editor
M. Lee Smith Publishers