WOW DID I GET TRICKED
I INTERVIEWED SOMEONE THURSDAY WORKED FOR PH FOR 3 YEARS
dressed good, clean cut, older maybe 40.
checked his auto, was in good condition, said he knew the area well.
ok so I asked him to come in saturday and he came in with a cane and arm brace…and also told me that he is nightblind…
um so he struggles to load deliveries and has to stop at night…
unable to do the job at all
AM I STUCK do to ADA?
what kind of questions did you ask during the interview? did you cover the area of disabilities? lifting and so on?
Use an application form that specifies that some aspects of the job require lifting, etc - you may want to “borrow” the text from an application that a large company has gotten approved by their lawyers (like costco, or maybe YUM - you know who YUM is, right?).
That’s for next time - so you at least know, or have a documented misrepresentation.
I’m thinking that it’s deceptive, and the LAST thing I want is a deceptive employee. Heck with an arm brace - that’s fine compared to someone who’s already being sneaky…
I guess here in Alberta we are lucky there is a 3month probation period where you do not have to give reason for dismissal. Check your laws and see if you have an out that way.
check your policies and procedures to BE SURE they read that way. Georgia is generally and “employed at will” state. that helps us as employers to remove problem children with less hassle. “Right to Work” states will be harder, and you may want to consult a labor law speccialist if you need to dismiss with no legal problems.
hey,
i’d tell this piece of doo-doo to go get bent! you can’t have this kind of stuff going on. he cheated and lied to you. don’t reward him for being a double-crossing rat. man up!
Easy, assuming he has been hired as a casual.
Don’t roster him for any shifts.
He won’t stay if he’s not making any money.
Dave
[quote=“wa dave”]
Easy, assuming he has been hired as a casual.
Don’t roster him for any shifts.
He won’t stay if he’s not making any money.
Dave[/quote
i agree,be very careful though
If he is unable to do the job at all I don’t think you are stuck with him.
I’m no lawyer, but the ADA doesn’t require that you accomodate any worker for any job. I don’t think I’d have to accomodate someone who needed a cane to walk if the job was being a high rise steel worker.
If he can’t do the job, then it seems obvious to me. What are you going to have him do? Sit around?
Enter “Epimethius - patron of hind sight” . . . .
One major advantage high steel companies have is that draw up nearly water tight job descriptions detailing the physical and mental requirements of the job, and PUT THEM ON PAPER. So many of us (me included) leave ourselves vulnerable or in gray areas by not having clear documentation for our businesses. Policy and Procedure manuals, employee manuals and job descriptions give supervisors all sorts of invaluable tools for training, coaching, disciplinary measures and termination support.
I don’t have them all yet either 
Again, I’m no expert on the ADA, but I think it is reasonable to think that the person must voluntarily disclose their disabilities during the hiring process.
I can’t believe the ADA would permit people to hide disabilities and subsequently use them against their new employer.
Lol. I guess I shouldn’t be suprised, but I’m wrong. Disabled people do indeed have the right to hide their disabilities during the interview and use them against their emplyers after a job offer has been made.
Gotta love America.
I am not sure but does a disclamer of sorts on your job application stating that all new hires start on a 2 week probationary period where mgmt has the authority to terminate employment get you off the hook? I began including this last year and used it a few times
Right in your company policies it should state something about a probationary period. Check your state’s laws. We tell every new hire about the probation period. Right up front we say if we think things aren’t working how they should, we’ll let them go.
Well… just to chime in on the disabilities part: Back in the day I had a guy work for me at Domino’s. He had one good leg, the other gone from just above the knee. We didn’t have cell phones back then so most drivers had CB radios to get in contact with us if they needed us. His CB handle was “Pegleg”. He was funny, quick witted, genuine, and one of the most loyal friends I’ve ever had… and he only worked dayshift because he was night blind. He was employed there before I got there and stayed after I left 4 years later. Last I heard he was working on 20,000 safe driving hours and still going strong.
-J_r0kk
I believe ADA only applies to employers who have 15 or more employees. If you do have 15 or more employees, you would be required to make reasonable accomodations to allow this person to perform his job. Eliminating an essential job responsibility is not considered reasonable, but modifying a work schedule so he would not have to drive at night or reassigning marginal responsibilities to others are considered reasonable unless they impose an undue hardship on the business.
when i hired him he was told the hours of duty that i needed,
I had a customer call back and was a little irrate at me because I HAD THIS POOR MAN who had to walk to his car several times to bring the order 1 piece at a time to there door they felt soooo bad…
LIKE I WAS MAKING HIM BE MY SLAVE>>>>gd