6 year Non exempt employee not grasping duties of new job

I'll try to keep it short. Non exempt employee stepped down from previous job (one that they did not excel at) to perform duties of lesser grade job. Had previously performed lesser grade job for three years before moving to last position. Now does not seem to be able to grasp concepts and knowledge to perform current job. Their explanation is 19 year old daughter is going thru some medical problems and they can't concentrate. Have attempted retraining even more so than for new employee off of street. Any suggestions on our next step would be appreciated.

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  • This one is sorta wide open. Not many clues on where to turn. If you have an EAP at your company you might tactfully suggest counseling or if you don't have one you might counsel toward a private medical consultation. Something is going on if you have an employee who previously performed well in an occupation who can't readily be retrained now in a familiar task. Work with her. Don't discard her. Hopefully you will find a way to bring her back up to speed with the assistance of an intervener.
  • Before you take any adverse employment action, you may consider offering FMLA leave for the employee. Otherwise, you may be facing a FMLA violation lawsuit.

    John Hagan (jhagan@gmwdlaw.com)
    Gibson, McClure, Wallace & Daniels, L.L.P.
    Dallas, Texas
    214-891-8068
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