Illinois: We have a 30 YO employee that has a college wrestling back injury, he divulged to us, that aggravates from time to time. He tweaks it now and then from doing his job of lifting but nothing to cause major pain/issues. He has a pattern of not coming into work OFTEN. A few months ago he ran into someone in HIS truck on his way to a jobsite and aggravated his back and was off a day or two. But came back to work with no issues or complaints. Lately he is stating he hurt his back from falling down the stairs at home, getting up wrong, lifting his baby out of the crib and so on. We want to fire him due to not working when supposed to, not completing work on time and within the last month constantly calling off. With this accident he was in will it cause WC issues?
1 Answer from Attorneys
The back injury you describe is most likely protected under the Americans with Disabilities Act as amended (ADA). The ADA requires you to provide a reasonable accommodation so that a disabled employee can perform the essential functions of his job. Without reviewing a job description and the issues you are having it is difficult to ascertain your liability under the ADA. You would be well served by engaging an employment attorney with experience counseling employers in employee discipline, termination, and ADA issues. Many of us will offer a consultation over the phone at no cost. Good luck to you!