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illness

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dest

Guest
What is the name of your state? co

What happens if a full-time employee is deemed unstable? What happens to the job? Is the employer able to keep that person from coming back to work or is that employer able to transfer them out of their department to another? Are they able to file suit if it is documented cases of them being unstable from the workplace? They are in the union.
 


Beth3

Senior Member
"Unstable" can mean about 1,000 different things and it's certainly not a medical diagnosis so it's just not possible to comment specifically on your questions. The bottom line is that if an employee has a health condition which prevents him or her from adequately performing their job duties (with or without reasonable accommodation assuming the ADA applies, which has not been established), the employer has no obligation to keep them at work or even employed. That is a simplistic answer to a very complex question but without a whole lot more information, that's the best I can do.
 
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dest

Guest
this person is up in age. Gradually they have become mentally unstable so far as to take medication to calm down and for their other illnesses. They took off a week to get it together but now that they have come back you can tell that this illness is not improving. In fact it has gotten worse so far that the employer no longer wants this person there. What happens next? Do they file for unemployment or are they in a position to sue for being let go (fired) due to an illness?
 

Beth3

Senior Member
dest, the person probably wasn't fired due to an illness but rather because their illness prevented them from fulfilling the requirements of the job and/or meeting the employer's standards of behavior in the workplace. No matter what illness an individual has, they still are required to meet reasonable performance criteria for their job and behavior.

For example, someone having irrational outbursts at work with some degree of regularity would indeed cause the employer major headaches and could provide a legitimate and lawful basis to terminate that person. A lot more would have to be known about the situation, the person's behavior and the cause of the behavior to offer a more specific opinion.

Yes, the person is free to file for unemployment. You have not shared enough information to offer an opinion as to whether this person has been illegally discriminated against and whether there is any basis to file a complaint with a govn't agency or sue.
 

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