Attention Deficit Disorder
durasupreme
68 Posts
Employee was hired 2/4/04. After approx. 2 weeks on the job, concerns about his work performance were discussed with him - staying focused on work related items and task at hand, lack of self-motivation, dropping product on floor, not paying attention when loading or unloading machine. Another two weeks passes and again concerns are raised about lack of self-motivation, and excessive non-work related talking. Another two weeks passes and again a meeting is held with ee to discuss lack of improvement on previous concerns and new concerns, i.e. hinging doors wrong due to failure to pay attention to detail, failure to stay focused on work-related items, lack of seriousness of work functions, and excessive non-work related talking. EE agrees that he needs to stay on task and focus on job functions, knows he has not put forth effort to be successful, failure to take care of product, etc. EE admits he could do better and states there will be improvement in next two weeks. Then throws the bombshell: "By the way, I have ADD". Five minutes later he's observed staring at the wall and when asked if there's a problem says, "I'm just watching the clock". Help me - I say these are all performance issues, but does the ADD claim throw a wrench into that? We are a cabinet manufacturer, so attention to detail is critical. Any advice?
Comments
2. What are the job requirements? Can he do the job?
3. Excessive non-work related talking has nothing to do with ADD.
4. Is not paying attention when loading or unloading a machine a safety issue?
5. Do you have a probationary period?
Based on the information you gave, you probably have cause to terminate. The ADD muddies the issue, but it sounds as if he cannot or will not do the job properly.
Under ADA, an employer is not responsible for accommodating "retroactively" a disability it did not know about or was not claimed by the employee. Thus, you may hold the employee accountable for the performance problems up until he claimed ADD. ADA sets the accomodation aspect as forward looking.
Since you don't say that you were in the process of firing him at that point, I assume you are now prepared to deal with the claim through the interactive process to verify the disability, and to what extent it impairs his major life activity of concentrating (most likely), and his ability to do the essential duties of the job, and what accommodations, if he is ADA qualified would be reasonable and effective from this point on.
So, go ahead and start the interactive process and see what happens.
It would be wrong to fire him now for the past poor performance without having going through the interactive process since you now know of the claim.
He may have just held off telling you about ADD (if he has it) because of his desire to try and do the job without letting you know that he has ADD because of possible embarassment, etc. or trying to do the job as a way of proving to hinmself that he is "just as good" as any other employee. Employees are often reluctant to identify to the employer medical conditions that impact the job for these reasons.