Disclosure of disability post-dismissal (Toughest HR Question)

Legal obligations depend on what employer knew – or should have known – before termination

Colin Gibson

Question: We dismissed a non-union employee for poor performance and gave her severance pay in lieu of notice. The employee now claims her performance problems were caused by a disability and she has offered to provide a doctor’s note. We didn’t know about any disability when we terminated her. Are we required to do anything?

Answer: The legal obligations of an employer facing a post-termination claim of disability will depend on what the employer knew — or should have known — before the employee was terminated.

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