Legal Question in Employment Law in New York

ADHD, American Disabilities Act

I am trying to find answers to employer requirements regarding the termination of an employee with ADHD. The employee performed an illegal act and was immediately terminated. THe parents (who also work for us - part time) felt that they should have been notified and their son treated differently because of his ADHD. I contend, that since I have no written or verbal notice of the son having ADHD I couldn't be expected to treat him differently, and furthermore, since he performed an illegal act, the ADHD is not a factor in his termination. As for parental notification, the employee is 18+, in college (not living at the parents house) and has never informed us of any disability. I don't believe, even though the parents work with us, that I should ever be notifying annother employee of someones termination (regardless of the family relationship) as this is a matter between the direct employee and the employer and not a ''family issue''.

Any advice would be appreciated. This incident is current and takes place in NY.

Thanks!


Asked on 2/19/06, 8:35 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: ADHD, American Disabilities Act

This is more complex than a simple yes, no question, but as long as the illegal act wasn't resultant from the ADHD, and the termination wasn't motivated by the disability, then the termination was legal. The question of a notice component is more complex.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 2/20/06, 10:09 am


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