Termination Guidelines For Workers

Summary

Employers in pennsylvania cannot terminate employees solely for filing workers compensation claims. Termination must be based on legitimate business reasons and comply with disability laws like the ada and phra. Reasonable accommodations must be considered unless they cause undue hardship. Consult an employment law attorney for specific guidance.

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IT does not seem that they will be able to do the work that they were hired to do. It has been 6 months and there is no sign that they will get better
In Pennsylvania, an employer may consider termination if the employee cannot perform their job duties and reasonable accommodations are not possible. However, they must ensure compliance with disability laws and cannot use workers' compensation status as the sole reason. It might be beneficial to consult with an employment law attorney for guidance specific to your case.
what are the disability laws
In Pennsylvania, disability laws include:
- Americans with Disabilities Act (ADA): Requires reasonable accommodations for employees with disabilities.
- Pennsylvania Human Relations Act (PHRA): Similar protections as ADA, focusing on preventing workplace discrimination.
- Employers must engage in an interactive process to determine feasible accommodations.
Would you like more details on ADA or PHRA?
Yes
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The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities, unless it causes undue hardship. The Pennsylvania Human Relations Act (PHRA) also protects employees from discrimination based on disabilities. Both laws require employers to engage in an interactive process to explore possible accommodations. Would you like more details on how employers determine reasonable accommodations?
What is undue hardship
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Undue hardship refers to an action requiring significant difficulty or expense when considering factors such as the nature and cost of the accommodation, the employer's resources, and the impact on business operations. Employers can deny accommodations if they prove undue hardship.