We laid off an employee who now says he's disabled - should we worry? 02-06-2008

We have an employee who we have just had to let go due to lack of work. This employee is now saying they are going to sue the company under the ADA guidelines. We did not know of any mental condition nor was this employee let go for such said reason. Does the company need to worry about this threat?

Rita Risser replies:

I wouldn't worry, exactly, but now would be a good time to make sure all of your documentation is in order. Get witness statements from everyone as to why s/he was picked for layoff versus someone else, and declaring they had never received any notice of a mental condition. If the employee files with the EEOC, then hire a local attorney. Also, if the employee files for unemployment and states on the form that s/he they believes it was due to discrimination, you need to set the record straight. You do not oppose the unemployment, but document the correct reason.

Good luck.

How to handle layoffs with "risky" employees is covered in our Managing Within the Law II program.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.