Cannot Terminate!!

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NorthGa

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This is in Ga.

Company has employee that was acting "out of charactor", did not show up for work, then received a phone call that the employee was taken to the ER the night before....alcholic.

Company trying to work with employee, gave time off to "regroup", employee suppose to be attending AA.

Company is told by legal team that they cannot let this employee go. Employee is not completing work, saying orders are complete but the company finds out days later they were never enterd, does not show up for work (sometimes calls in, sometimes not). It is not the choice of the employee to drink that is the problem, but the lack of work and lies. How can we keep paying some that is not producing and costing the company money? Why can the employee not be let go due to lack of productivity?

Seem employee goes to ER to keep situation under Dr. care.
 
Has the legal team said why you cannot terminate? It seems to me you have all you require for termination unless there is a cba or employee contract that says otherwise
 
What they are talking about is that alcoholism IS a disability under the ADA but ONLY if the individual is in treatment. It does NOT cover an employee who continues to drink. Plus, the ADA requires only a reasonable accommodation to allow the employee is do his/her job. The ADA does not require you accept substandard performance from the individual.
http://www.jan.wvu.edu/media/alco.htm

Your attorney should know that.
 
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