{ "media_type": "text", "post_content": "Since Florida is an at-will state, can an individual be fired for a lack of productivity in a physically demanding work environment (if that lack of productivity is due to a heart condition)?", "post_id": "60ac2831973baf001c183489", "reply_count": 4, "vote_count": 1, "bowl_id": "5dd74f24f00eb40029062f70", "bowl_name": "Florida Law", "feed_type": "bowl" }

Since Florida is an at-will state, can an individual be fired for a lack of productivity in a physically demanding work environment (if that lack of productivity is due to a heart condition)?

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Have they asked their employer for any accommodations due to the heart condition? If not, they should start there. The employer a duty to try to reasonably accommodate the employee under the ADA once a request is made, and once the employer knows the productivity issues are tied to a potential medical condition or disability, termination for the productivity issues starts to look like retaliation and thus becomes more trouble than it’s worth.

A1 is correct. Didn’t realize this was from the perspective of the employer. If you know the heart condition is the cause of the issues the employer has a threshold obligation to engage in an interactive process with the employee to determine whether the employee requires reasonable accommodation. This could be as simple as an informal meeting with HR (that is immediately memorialized thereafter for ees file) where the employer says something along the lines of “we noticed that your performance hasn’t been up to our standards lately, is there anything we can do on our end to help get you back on track?” Then if she uses her condition as an excuse you can ask her if her doctor has any recommendations of ways she can be accommodated in the workplace, and basically take it from there and make a determination as to whether the requested accommodation is reasonable or whether it causes undue hardship to employer or prevents ee from performing essential functions of her job. V fact specific from there.

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