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Can we require medical exam for worker whos behaving erratically

February 2020 employment law letter
Authors: 
Timothy F. Murphy, Skoler, Abbott & Presser, P.C.

Q We have a long-term employee who has begun acting irrationally and erraticallydemanding to be placed on projects he isnt qualified for, having emotional outbursts in front of other employeeswhich has had a negative effect on his work performance. He also has vision issues that have resulted in the loss of his drivers license. Can we legally suspend his employment until he is evaluated by a doctor and receives medical clearance to return to work?

Based solely on the facts youve provided, conditioning a return to work on medical clearance runs the risk of an accusation that you regarded the employee as disabled or violated his privacy, among other potential legal claims.

Employers often wrestle with how to best address dramatic changes in long-term employees conduct or performance. A sense of empathy and a desire to help an employee get to the root of whats changed is frequently at the core of an employers concerns. However, in this case, it would be best to just focus on the employees misconduct itself rather than its possible origins.

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