You’ve got an employee with performance issues. Big time! Initially, rather than fire her, you make fun of her behind her back put her on a series of performance improvement plans. But, that doesn’t result in — oh, what’s the word I’m looking for? — improvement.
So, you fire her.
Ah, but here’s the little wrinkle for today’s post. The poor performer experienced frequent migraine headaches and struggled with pain and other symptoms caused by endometriosis. As a result of these conditions, she frequently requested medical leave under the Family Medical Leave Act, which you afforded her.
Given the poor performer’s medical issues, before firing her, did you have an obligation to engage in an interactive dialogue with her, consistent with the Americans with Disabilities Act to determine whether her health issues caused her performance issues?
The answer follows after the jump…