Howard Levitt answers some of the most recent questions about workplace law that have come our way. Read on.
I recommend you have him seen for an independent medical examination by a psychiatrist to determine whether he is genuinely, objectively disabled from working or, for that matter, whether there are mental-health issues that have contributed to his deficient work. If mental health has caused the deficiencies, he must be accommodated.Article content
Finally, if his medical issues do not impact the reasons you wish to discharge him, they do not prevent you from dismissing him. But if you fire an employee who is already depressed, anxious, etc., you risk a longer wrongful dismissal judgment, because it will take longer for them to be reemployed and there’s potentially a greater risk of a mental-stress claim in the form of aggravated damages.
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