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Everyone is Depressed Sometimes…

Why Should I Have to Provide Reasonable Accommodation for Depression?

A-to-Z Resort has an employee, Nancy, with increasingly poor attendance. Nancy seems to be absent more often than she shows up to work. Management wants to terminate her for violating the attendance policy. One day before the termination meeting, Nancy tells Judy, the HR Director, that she is depressed and cannot come into work for the remainder of the week.

This is all too familiar to employers. Read on to learn how to properly handle this situation.

*This example is based on an actual incident; however, names and other organizational details were changed.

Liar, Liar, Pants on Fire

In the five years that he has worked for the Dreamscape Resort, Alfred (the Resort’s Bookkeeper), has been a nightmare employee. He calls out excessively and, when he does come to work, he routinely arrives late. In addition, Alfred has performance issues and regularly argues with his supervisor.

While reviewing Alfred’s personnel file, Melissa (the Resort’s HR Director) realized Alfred lied on his employment application. The application states that Alfred worked for XYZ RVs for 10 years, but Alfred’s LinkedIn profile says he only worked there for 5 years.

The application contains the following statement:

I understand that any omission or misstatement of material fact on this application or on any document used to secure employment shall be grounds for rejection of this application or for immediate discharge if I am employed, regardless of the time elapsed before discovery.

Can Melissa terminate Alfred for lying on his application? Read on to learn the best answer.

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This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.