If we have a long term employee with health issues which could affect his and others safety on the job, are there any options other than termination?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we have a long term employee with health issues which could affect his and others safety on the job, are there any options other than termination?
Employee aged 52, very reliable, 11 years of service, drug /alcohol use not suspected, appears to be some type of early onset dementia or other medical issue which affects cognitive thinking/ problem solving abilities. Employee does not recognize any problems. Problem risks his and other employees safety on the job. Are there any ways to force the issue of seeing a doctor for this specific problem, can we send him to a company paid doctor appaointment? I understand we don’t have any rights to details about his health but can we assure that he is healthy enough to perform the job?
Asked on July 2, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your concern for your employee is laudable, but unfortunately, you can't necessarily force him to see to a doctor, though you can certainly facilitate him doing so (recommend a doctor, provide time off, etc.). You could even require him to provide some medical certification that he is fit to work if you have noticed problems at work, though if he refuses, your only option then would be to terminate him.
Basicially, if someone cannot safely do his/her job due to a medical condition which would qualify as a disability, you would be required to provide a "reasonable accomodation"--some not-too-expensive or disruptive change in duties or assistive technology/device which would let him do the job safely. But if there is no reasonable accomodation which would let him do the job safely (or effectively), then you could voluntarily transfer him to a different position he could do, but would not be required to; you would have the right to terminate him if he can't do the job he was hired for.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.