Suicide attempt

Jocelyn

We just sent a termination letter to an employee for consecutive days of no call-no show as per policy. Today we discovered from her sister, also an employee, that the terminated employee was in an out-of-state hospital for attempted suicide during those days of no call-no show. She also revealed her sister has bi-polar disorder and had gone off her meds which is probably the reason for her attempt. Neither of them said anything about this before. Now what? We don't know why a family member didn't call to let us know she was hospitalized. And I guess we can't be sure any of this is even true? Do we follow up to avoid violating ADA or were we still within our rights for violation of policy?

Theresa Gegen TX

I do not think you violated the ADA (the ADA is based on intentionally discriminating against an employee with a disability -- if you didn't know about it how could you have held it against her).

I would be a bit more concerned about an FMLA violation. The employee clearly had a serious health condition and may have not been able to contact you if she was in the hospital. But if she hasn't contacted you since to explain her absence -- which at some point she should do, it makes one wonder why not.

That being said, consider leaving sleeping dogs lie. If the employee comes back to you and says she wants her job back, or makes a complaint about discrimination, you can then offer her her job back, if you feel you have a risk.

Good Luck!