Joseph Robertson
Can remote polices from the pandemic be used against a company trying to bring employees back into the office?
In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the employer could not definitely demonstrate that onsite work was required or when a previous policy allowed substantial remote work.
What if the medical documentation provided by an employee appears untrustworthy?
If the employee has not produced reliable medical documentation, then the employer may require the employee to submit to an independent medical examination (IME) to ascertain the alleged disability and reasonable accommodations, provided that the examination is job-related and consistent with business necessity. Physicians who regularly conduct IMEs often provide concrete accommodations recommendations, which may present reasonable alternatives to remote work. The decision to ask for an IME should not be made lightly. Any decision to terminate or discipline an employee who refuses to submit an IME should be backed up with a valid reason for requiring the IME in the first place. Read more