News & Analysis as of

Poor Job Performance Americans with Disabilities Act (ADA)

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2024?

Fisher Phillips on

FP Weekly often provides readers with a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

McAfee & Taft

Employee’s single doctor’s note not enough to save ADA case

McAfee & Taft on

The Tenth Circuit Court of Appeals recently considered—for the second time—an employee’s claim that she had been terminated in violation of the Americans with Disabilities Act (ADA). According to the court’s summary,...more

Parker Poe Adams & Bernstein LLP

A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Sherman & Howard L.L.C.

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

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