Can I Fire or Terminate a Disabled Employee?

Developing terminating disabled employee policies may seem a bit frightening. After all, even those employees without disabilities file lawsuits against their employers claiming that they have been discriminated against. When it comes to creating terminating disabled employee polices, you must understand that the person may have more grounds for claiming discrimination: the disability he or she has. You must account for this when developing your terminating disabled employee policies.

What to Include in Your Terminating Disabled Employee Policies

When developing your terminating disabled employee polices, it should be similar to those you follow for terminating your other employees. You must develop a policy to document employee problems properly. This includes describing the situation and detailing when you discussed the issue with the employee.

As with all employees, your terminating disabled employee policy should also include discussing the issue with the employee. If the employee believes the problem you are having relates to his or her disability, you must address it now. When you document the conversation, mention that you and the employee discussed the disability. Make it clear when the employee agrees the poor performance is not related to it. Document carefully. If you build up evidence against the employee without doing this, he or she may later claim the problems all resulted from the disability. Then you must put that person back on the payroll.

Special Considerations When Developing Your Terminating Disabled Employee Policy

Keep in mind that your disabled employees do have special rights granted to them by the Federal government and the State government. These laws often change, so it is best to buy an employee handbook that provides detailed and up-to-date information about the laws for employees with disabilities. After doing your research and being current on the laws for your particular business in your state, build your terminating disabled employees policies around these laws.

Also, remain knowledgeable about your employee's disability. Since there is such a wide range of disabilities possible – ranging from emotional, to physical, to mental – the problems your employee may face will be different. Similarly, there will be certain special considerations you will need to take for employees based on their disabilities. A person with anxiety disorder, for example, may be able to handle a low stress job standing for long period of time as a check-out clerk. On the other hand, a person with a deformed leg can handle a stressful position but cannot stand or walk for extended periods of time. You must consider each disabled employees needs to ensure that you do not terminate because of the disabilities he or she may have.