Question: What do ERISA and the Americans with Disabilities Act (ADA) have in common when it comes to wrongful termination claims? Answer: The best defense is good employer documentation. Review this infographic on case involving termination and ADA

1. QUESTION:
What do ERISA and the Americans with Disabilities Act (ADA) have
in common when it comes to wrongful termination claims?
THE RECENT CASE OF TURNER VS. HUMANA, INC. ILLUSTRATES THIS POINT
An employee worked at an Ohio facility.
His wife had Type I diabetes and heart
disease. He was fired less than a year later
after he was hired because of poor
performance. He later sued under two
primary legal theories. First, he claimed
that his employer fired him because of
his wife, who was disabled under the
ADA. Second, he alleged that the real
termination reason was that Humana
wanted to interfere with the couple’s
continuing use of medical benefits, in
violation of ERISA.
The employer had a well-paved paper
trail. Humana produced evidence of
missed deadlines and communication
failures. Two months before the discharge,
the employee went on a competency and
contribution improvement plan, which
provided detailed expectations and
warned him that he could be terminated if
he did not improve immediately. Several
follow-up coaching meetings occurred,
all to no avail.
The employee provided little if any proof
to support his complaint. As a result, the
district court granted summary judgment
in favor of the employer. This case is
instructive. Employment terminations
should always have a legitimate,
nondiscriminatory reason. That reason
should be supported by written evidence.
Testimonial evidence is not as strong. As
well, beware of performance reviews that
cast the employee in a more positive light.
In addition, managers should understand
the ADA’s broad sweep. It protects not
only employees with a known disability,
but also each of the following:
Those with a record of an impairment
that substantially limits a major life activity
Those who are regarded as having
such an impairment
Those with a family, business,
social or other relationship or association
with a disabled persion
In other words, the ADA protects an
employee with Olympic-caliber fitness if
that person has a disabled spouse.
ANSWER:
The best defense is good employer documentation.
copyright 2013