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22/08/2022
The move to terminate potentially violent or dangerous employees can be a difficult one. If the decision is made haphazardly or hastily, firing problem employees can open up an organization to claims of wrongful termination or even illegal discrimination. If individuals are retained a company can be found negligent ultimately being held responsible for any wrongdoing and harm that occurs as a result of keeping then around. Consequently, companies must try to strike a reasonable balance between being too proactive, and not being judicious enough.
Such decision making difficulties and dilemmas are illustrated in the recent court case Mary Wolski VS. City of Erie had fired Ms. Wolski a fire truck driver who had been employed in the firefighting group for many years because the organization believed that she was a safety problem in the workplace. Years previously her mother had passed always, causing Ms. Wolski to become very depressed. As a result, she took extensive leave from to seek treatment and recover from her psychological troubles. While on leave she attempted to poison herself with carbon monoxide by starting a fire at her father’s house and consuming an overdose of medication. Such conduct was considered highly dangerous by her employer and an investigation was initiated by the city Erie. The findings of the inquiry resulted in her termination, so Ms. Wolski subsequently filed a lawsuit claiming that the organizations decision to terminate her violated requirements of the ADA. The cpirt ruled in her favor because the organization did not conduct an “Individualized assessment” of Ms. Wolski before the termination decision. The move to fire her appeared to be based largely on an evaluation of her conduct which was likely caused by her documented depression.
This case presents many important implications for HR professionals. For instance, employers should get the proper input from medical professionals who understand the mental and physical challenges that impair employee’s ability to perform their work. HR also needs to talk with employees to determine whether individual impairment negatively impacts their performance of essential job activities. In addition reasonable accommodations should be secured in writing. Finally retention and termination decisions should be identified and employee requests for assistance should be secured in writing. Finally retention and termination decisions should be business related and objective in nature.
Please read the case study at the end of Chapter 15 entitled “Evaluate before Terminate”.
Write a 2-3 page paper. In your paper discuss the following:
Include a cover sheet and 2-3 references. Only 2 to 3 website reference will be allowed (not Wikipedia). Please adhere to the Publication Manual of the American Psychological Association (APA), 6th ed., 2nd printing when writing and submitting assignments and papers.
Cite your references within the text.
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