YOU BE THE JUDGE!
LAST WEEK’S WINNER AND THIS WEEK’S QUESTION
Thanks to all who responded to our “Can they do that?” last week! We received several insightful responses. This week’s winner is Attorney Paul Ruszczyk, a Franchise and Business lawyer in Cheshire. His winning response:
“I believe that some employees could be terminated for growing wings. For example, if a hospital worker sprouted wings it could make some patients believe that the worker was an angel and that the patient had died and gone to heaven. Of course, if the patient believed he/she was dead, he/she would not be likely to pay his/her hospital bill. Accordingly, the wings would be grounds for termination.”
In the opinion of the Hayber, McKenna & Dinsmore, the answer hinges on whether Dilbert was prescribed the medication as treatment for a chronic condition with a diagnosis included in the Diagnostic and Statistical Manual (4th Ed.). If this is the case, Dilbert is protected under the Connecticut Fair Employment Practices Act and terminating him for growing the wings would constitute unlawful disparate treatment. The employer would have to show that the wings rendered him unable to perform the essential functions of the job with or without a disability. Before terminating Dilbert, the employer would have to engage him in an “interactive process” designed to address his disability and any accommodations that might be available.
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Click on the following link to see the subject of this week’s “Can they do that?”:
Can my employer discipline me or terminate me for complaining about something if I am complaining pursuant to an “Open Door Policy?” If I walk into my boss’s office and step on nails he has placed there, can I sue?
Send responses to mflanagan@hayberlawfirm.com and stay tuned for next week’s winner.