GBA Case History Series – Case History #107 - Engage Human Resources Professionals Early On!
Summary
An employee who suffers from anxiety and panic disorder performs poorly and misses several days of work. Despite receiving compassion and getting several counseling sessions from the supervisor, the firm terminates her employment. In return, she sues them with alleged violations of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Our Hosts:
Elizabeth Brown, PE (https://www.linkedin.com/in/elizabeth-brown-365aab50/) - Principal Geotechnical Engineer/JLT Consultants (https://www.jltconsultants.com/)
Elizabeth is the Principal Geotechnical Engineer at JLT Consultants in Boise, Idaho. Elizabeth has performed and/or assisted with numerous geotechnical investigations throughout Idaho, Oregon, Washington, and Wyoming managing projects, providing geotechnical design, project quality control, cost and value engineering, and evaluating geotechnical constructability issues.
Abi Corbett (https://www.linkedin.com/in/abi-corbett-2870036a/) – Project Consultant/SME. (https://www.sme-usa.com/)
Abi is a Project Consultant at SME experienced in managing a variety of steel, concrete, coatings, and nondestructive testing projects. She specializes in managing projects related to DOT fabrication quality assurance reviews but also supports project managers throughout SME’s various service groups.
Lessons Learned:
Managers Must Be Trained in Human- Resources (HR) Issues
Implied References to “Qualified Conditions” under FMLA and ADA Must Be Taken Seriously
Documentation Must Be Accurate, Complete, and Consistent
Engage the Subject-Matter Expert
Explore Accommodations, If Reasonable
Employment-Practices-Liability (EPL) Insurance Can Be an Important Safety Net
Trust but Verify
Supervisors Need Training
Tolerance Is a Virtue, But…
Calls-to-action:
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This episode was produced by the following GBA Members:
Abi Corbett (https://www.linkedin.com/in/abi-corbett-2870036a/) – Project Consultant/SME. (https://www.sme-usa.com/)
Elizabeth Brown, PE (https://www.linkedin.com/in/elizabeth-brown-365aab50/) - Principal Geotechnical Engineer/JLT Consultants (https://www.jltconsultants.com/)
Ryan White, PE, GE (https://www.linkedin.com/in/ryankwhite/) – Principal Geotechnical Engineer/Apex Companies, LLC (https://www.apexcos.com/)
