Legal Question in Employment Law in Florida

Re: Foul Odors

Technically, yes, but I would not phrase it in that manner since you are dealing with an obviously delicate and personal matter. Rather, consider having an HR person (or other authority figure) meet privately with the employee, explain the situation diplomatically but bluntly (that there is a body odor that has resulted in complaints and is an environmental issue the employer must deal with), and tell the employee that she must seek help for the situation as she sees fit. Set a timeframe for action and then monitor the situation to see if it improves.

Do not discuss the matter with any other employee except, if asked, to say the matter is being dealt with as quickly as possible.

That way, the employee can not claim that medical confidentiality is being breached or successfully bring any other medical-related claims.

If that does not work, then the company might have to take more agressive steps in terms of mandating that the employee address the issue, possibly setting up an independent medical review (it would take some research to ensure that this could be done within the law), or other steps.

The employer could even offer the medical review up front, at the employer's expense. This might make the matter easier to deal with and would ensure that a doctor review the situation and hopefully help.

If the employee happens to volunteer that a medical issue is involved, the company can ask her if it may have a doctor speak with the employee's doctor to see what other help can be rendered. In that case, be sure to get a medical release and waiver from the employee before having the company doctor do anything.

This is a complicaged matter and I obviously have not covered every issue or all the things that can become a problem. Please feel free to call if you need specific legal help or personnel advice. In any case, handle this matter delicately and confidentially. Also, be sure to document all meetings with the employee and action so you can prove, if necessary, that the matter was handled privately and appropriately.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.