I'm looking for suggestions: We have an employee that has had several verbal and then 1 written warning for poor performance. We were going to terminate due to poor performance when he called in. the next day he called in again and stated he has a sleep disorder and fell asleep the prior week while operating one of our trucks. His doctors note didn't mention any disorder just that he would be out of work for 2 weeks. when he returns to work are we okay to terminate him due to poor performance or are we putting ourselves at risk for ADA claims? He hasn't been with the company long enough for FMLA to apply so technically his leave isn't job protected.