how does a company legally "retire" someone with a documented mental illnes history?
Question Details: We have a co-worker with mental illness, frequent absences and poor work production. She has mentioned going out on a disability retirement, but in the meantime, we are warned to treat her with kid-gloves. The situation gets more frustrating daily, but management is very leery of doing anything they could be sued for.
Employment and Labor Law Answers
It sounds from your question that you are not in management. I would let management decide as it is the company's decision. If you are part of management, if the employee is not doing her job, then the company can discipline her and then fire her if it continues. The company wants to make sure that they treat the woman like other employees and, if it can reasonably accomodate the women's mental illness (I don't know how, but let's say she needs to take a break every morning for 10 minutes) then it should do so. While a company can't discriminate against someone with a disabilty, having a disabiltiy does not exempt an employee from doing her job.
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