Before firing an employee who refuses to travel, ‘go slow’

Q         We have workers who must travel as an essential part of their jobs. Some are refusing to travel. We want a policy on what to do with such refusal to avoid any risk to the company. Is it safe to terminate employees if they won’t travel, we have no other work for them, and there’s no Americans with Disabilities Act (ADA) issue?

A   Ultimately, yes, you may be able to legally terminate employees who refuse to do a part of their job. Before making that decision, you should consider whether their refusal to travel is protected activity under Occupational Safety and Health Act (OSH Act) regulations. The regulations recognize that employees may have a right to refuse to work due to safety concerns under some circumstances. If you terminate an employee for refusing to work, the Occupational Safety and Health Administration (OSHA) can issue a citation against you and require reinstatement of the employee based on evidence that she: