How to Manage Noncooperative Employees

By Lana L. Rupprecht, Esq., Director, Product Compliance, Matrix Absence Management, Inc.; Marti Cardi, Esq., Senior Compliance Consultant, Product Compliance, Matrix Absence Management, Inc.

Employers often struggle with employees who make vague references to a disability or impairment, fail to identify reasonable accommodations, and are not cooperative throughout the interactive process. A few examples:

Scenario 1: Employee fails to clearly ask for an accommodation.

An employee asks the human resources team for Family and Medical Leave Act (FMLA) paperwork. The employee does not have an obvious impairment, and no one who works with her has knowledge of an impairment. Shortly after asking for FMLA paperwork, the employee is terminated for documented performance reasons that started well before she made the FMLA request.

Question

Based upon these facts, does the employee have a viable claim under the Americans with Disabilities Act (ADA)?

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