Firing employees because of poor health (how to keep it legal)

Companies are discovering that the health of their employees has a direct effect on their financial success.Unhealthy employees cost extra in health insurance costs, are less productive, and can make other employee unhealthy as well.However, until recently firing an employee because of poor health was unheard of except in the extreme case of illegal activity or being intoxicated on the job.Because of how new the concept is of firing an employee because of poor health, it is difficult to know how to do so legally.Here are a few tips to use as a guide when trying to fire an employee because of poor health.

Company Policy

In order to fire an employee because of poor health, a company must have policies in place that make poor health against the rules.Included in the policy there must be a specified way to measure if an employee has broken company policy by having poor health.This is an essential step because it will be very difficult to show why an employee was let go unless it can be proven that their behavior was in conflict with company ideals through the policies and procedures manual.Also, these policies will become worthless if they are not enforced consistently.Consistency will protect employers from wrongful discharge issues.

Encourage Change

Just like with any behavior, employees that demonstrate poor health should have an opportunity to change.When an employee in poor health is identified, the employee should be given the opportunity to change.Employers or managers should sit down with the employee and clearly explain how the employee is breaking policy.

For example, companies that will no longer tolerate smoking may offer their employees that smoke smoking cessation classes, nicotine gum, or nicotine patches to help them quit.This shows an effort by the company to help the employee remedy their problem without any discipline action.The same types of efforts can be made in the way of wellness, gym passes, etc.

Discipline the Employee

If the employee does not take advantage of opportunities offered by the employer to change their behavior, a discipline action can be taken.In the realm of health issues, companies have made employees pay higher health insurance costs, taken away sick leave or cut it in half, or even made employees take a month leave without pay.No matter what the discipline, employers should be sure to be clear about what it is and how it will be carried out.

Document Process

As soon as intervention has begun with a given employee, documentation must be kept.Managers should begin documentation as soon as a policy has been broken and interventions begin.If the manager has offered to pay for smoking cessation classes, then this must be documented.Discipline action should also be documented.This will show that the employee was given multiple opportunities to change their behavior.

Finally, employers should not allow this process to take too long.If too much time elapses they risk allowing the employee in poor health to disrupt the morale of other employees, and they may put themselves at risk for a lawsuit.In any case, employers looking to fire an employee in poor health should consult with a lawyer that specializes in employment law or corporate law to be sure they follow the laws established by their given state.