Performance, Substance Abuse, Infection,

cali_chavs

Supervisor reports that an employee is having performance/attendance issues. Employee received a write-up from supervisor and VP in Feb. Employee has improved in some areas, but still makes the same mistakes in other areas oulined in write-up. Supervisor feels employee is doing the minimum to get by. Employee tells supervisor last week that she has been diagnosed with a staff infection/infantygo, but has not requested any accomodations and has not provided a physician's note. Employee has called in sick last 3 days. Her boyfriend is in the hospital with Hep C and she is suffering from similar symptoms. Supervisor also tells me that she has suspected employee of being under the influence of drugs while on the job (the supervisor never reported this until now). I have contacted legal counsel. Company is weary of terminating her for performance now that we are aware of a medical issue. Supervisor would not terminate due for performance in this case if it was someone else. We will send her to company doctor on Monday to see if she can work without infecting anyone. We will not drug test her at this point; instead talk to her about what has been suspected and offer assistance. We will also give her a 2nd write-up for her performance and put her on FMLA if applicable. The supervisor feels this person is salvageable and wants to work with her to some degree. Reaction?

dhildebrand

If performance is off then confront. The infection is not a protected illness - treat as if person said they have headache or cold. The hepititis is another story - the Dr's ok may be needed If behavior is suspecious or appears unfit and you have a policy then test immediately. If you have an EAP use or consult with it.I work for an EAP and this is typical of issues we deal with daily. Suspecious behavior, missing work, rumors of use, hanging with one who has hep sounds like the 'old duck issue' walks - talks - looks like a duck = probably is a duck!