What if Bad Job Performance is Due to a Physical Problem?
If you have a reasonable belief that the employee is not able to do the job because of a physical problem, then you have the right to ask a disability-related question of the employee or require a medical examination. Let’s say that Barry has worked for you for seven years without either a tardiness or an attendance problem, but suddenly he starts coming to work late, develops bags under his eyes, and falls asleep at his desk. Not only can you ask the employee about his well-being or if he is feeling all right, but you can ask him if he can continue to perform his work with reasonable accommodation. If he can’t, then you can terminate him.