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Emphysema and ADA

dgrantdgrant 7 Posts
in HR & Employment Law Vote Up0Vote Down
I have an employee who is over the age of 55, has emphysema and is constantly absent from work to go to the doctor.

This employee not only has attendance problems, but a major attitude problem towards management. Any time he is unhappy he cries union as a threat (we are non-union). His performance is in question also.

Can we terminate on his attendance and performance and know that he has no leg to stand on if he tries to sue for age discrimination, disorder under ADA or anything else he can come up with?
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  • 2 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-14-02 AT 12:25PM (CST)[/font][p]If he's 55, he certainly has the protection afforded by the Age Discrimination in Employhment Act. If he has emphysema, he certainly has the protection offered by the ADA. And if he feels you are messing with certain other rights, he may also be covered by the National Labor Relations Act. He's also probably eligible for FMLA depending on a few other facts. Stack all that up on one side of a two-column ledger and on the other side write the words 'attitude' and 'questionable performance'. Good luck.
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  • jmssrjmssr 14 Posts
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    Make sure all the documentation is in order. I would also seek advise from your attorney .
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