Employers, you see this movie all too often. You tolerate, and
then ultimately discharge, a poor-performing employee who displays
a bad attitude. Unfortunately, supervisors have not documented the
employee's prior instances of insubordinate and adversarial
behavior. In addition, he hurt himself on the job, filed a
workers' compensation claim, and presented medical
restrictions. In his mind, he cannot believe that he was the
problem. So he sues, alleging that you failed to accommodate his
disability and unlawfully terminated his employment.
The Seventh Circuit Court of Appeals' ruling in
Graham v. Arctic Zone Iceplex, LLC, just gave one
employer's familiar story a Hollywood ending. Although the case
seems routine and does not break new ground in the law, it is a
good example for employers of how to manage problem employees
properly and avoid liability. The ultimate lesson: anyone can claim
discrimination, but employers can win these cases even if they have
not always
