Employee on short term dis. working other job

[nsilla]

I am a non profit organizaton, have one employee on short term disability for stress and recently found out they were working at a part time job. The work is different from what they were doing here, and I found out after reading the information on their facebook page. how can i proceed

 

[mightymoose]

Fire the employee.
I ma unsure, but if you have been making any kind of payments while the employee has been on disability, you may be able to recover it.
The easiest solution is to cut 'em loose.

 

[cbg]

I am absolutely not an expert on Canadian employment law, but before firing them I'd check with a lawyer or at least a Canadian based site to confirm that there are no restrictions on your doing that. Even in the US, this would be risky in some instances, and Canadians are more protective of employees than the US.

 

[Green_Hornet]

Well I don't know how it works up there. Here its not as cut and dry as the moose thinks. Not all jobs rate the same level of stress. Therefore you can still be out on temporary disability and work another job that is not as stressful.

 

[mightymoose]

If the job is too stressful for the employee, then apparently the employer needs someone else that can handle what the job requires.

 

[Green_Hornet]

Court may not see it that way depending on the circumstances surrounding the STD. STD is Short Term Disability. Emphasizing a short period of time. Now depending upon what the other job entails it may not be the case. For example: A fireman put on short term disability may not work as a fireman, that would not preclude him from working as an office assistant in order to supplement a loss in pay.

 

[theretoo]

A recent case in California in regards to a similar situation and the employee prevailed. If you fire the employee, you risk disability discrimination, although, Canada law may vary considerably from US or state laws.
CA case was a medical worker who worked for 2 different hospitals and was taking leave from one job but not the other. Court verdict determined that an employee can be too stressed to work at one job, but not the other. It may be a difference in work enviornment, etc.