EE UNCLAIMED PREVIOUS BACK INJURY

SHEILA

AN EMPLOYEE GOT HIRED WITHOUT DECLARING PREVIOUS DISK PROBLEMS. SHE TOLD ME BECAUSE SHE WAS AFRAID SHE MIGHT NOT BE ABLE TO KEEP UP. SHE DOESNT WANT TO LEAVE THE JOB.
SHOULD I HAVE HER SIGN SOMETHING STATING THAT THE PROBLEM EXISTED OR IS TERMINATION THE ONLY ANSWER?

POPEYE

First of all Sheila, welcome to the forum and PLEASE unlock your caps when posting.

Secondly, "Termination the only answer?"

I would hope that termination would be your last option. Without knowing more about your application, screening and testing processes, it will be difficult for anyone to give you a definitive answer. I would recommend that you seek legal advice.

System

"She told me because she was afraid she might not be able to keep up."

That says she may not be able to do the job. That's clearly a performance issue. It also says she may be risking additional injury or aggravating an existing condition - that spells 'Workers comp.' I think you need to send her for a 'fitness for duty' exam. Do you NOT conduct pre-employment physicals? You may want to consider it if you have positions that are labor-intensive.

But at this point, Popeye is right again. Make a call to your legal department. It's worth $225 for a one-hour minimum call. Let us know what you decide.