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2. Why does the company want to terminate the employee? Is the reason for the termination supported by objective, documented evidence? If not, then the termination may present a greater risk of lawsuit and loss.3. garrett Does the employee qualify for and has the company complied with FMLA (and any state equivalent)? An ulcer may (or may not) constitute a serious health condition that would result in the employee qualifying for leave under FMLA. If "absenteeism" plays any part in the decision to terminate and the absence was an FMLA qualifying absence, then the employer MUST disregard that period of absence in making the decision.4. Does the employee have a disability under the Americans with Disabilities Act? If so, then the employer must provide a reasonable accommodation to a disabled snuff person who can otherwise perform the essential functions of the position. The EEOC has taken the position that a reasonable accommodation under such circumstances may constitute an unpaid leave of absence. Once again, if absenteeism plays any role in the decision to discharge, then there levi could be an issue. Now, we cannot tell from what you have written whether this employee''s garrett ulcer constitutes a "disability." While an ulcer sounds pretty routine, such a condition might be severe enough to amount to a disability. Indeed, whether an employee has a "disability" under the ADA is a highly individualized inquiry; simply having a medical diagnosis does not end the inquiry. snuff Smokeless tobacco users are a fiercely brand loyal lot, but Conwood will urge Gen X males not to let peer pressure levi dictate their chewing preference with its new Xtreme brand. Meanwhile, rival U.S. Tobacco is readying a bourbon-flavored extension for Copenhagen.

2. Why does the company want to terminate the employee? Is the reason for the termination supported by objective, documented evidence? If not, then the termination may present a greater risk of lawsuit and loss.3. garrett Does the employee qualify for and has the company complied with FMLA (and any state equivalent)? An ulcer may (or may not) constitute a serious health condition that would result in the employee qualifying for leave under FMLA. If "absenteeism" plays any part in the decision to terminate and the absence was an FMLA qualifying absence, then the employer MUST disregard that period of absence in making the decision.4. Does the employee have a disability under the Americans with Disabilities Act? If so, then the employer must provide a reasonable accommodation to a disabled snuff person who can otherwise perform the essential functions of the position. The EEOC has taken the position that a reasonable accommodation under such circumstances may constitute an unpaid leave of absence. Once again, if absenteeism plays any role in the decision to discharge, then there levi could be an issue. Now, we cannot tell from what you have written whether this employee''s garrett ulcer constitutes a "disability." While an ulcer sounds pretty routine, such a condition might be severe enough to amount to a disability. Indeed, whether an employee has a "disability" under the ADA is a highly individualized inquiry; simply having a medical diagnosis does not end the inquiry. snuff Smokeless tobacco users are a fiercely brand loyal lot, but Conwood will urge Gen X males not to let peer pressure levi dictate their chewing preference with its new Xtreme brand. Meanwhile, rival U.S. Tobacco is readying a bourbon-flavored extension for Copenhagen.

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