Should they be fired?

Question

So this is sort of a dilemma I have at my job right now. I work as a “sales associate” for this company. 98%of the people on schedule are also sales associates ( aka cashiers). Currently there’s this one person (A) who got “injured” at work causing some kinda hip damage. They’re still employed and on schedule for 2 days a week. 
As a cashier, our duties are 
Lifting up to 15lb boxes
On feet while shift (8 hrs) 
Food prep and handling 
Maintenance (back room stock & freezers) 
Mopping 
Sweeping
Wiping down counters and registers 
Cleaning the parking lot ( sweeping and checking graffiti) 
Pulling out of code items
We’re on our feet most of the shift so of course they have accommodated her. It’s only right. But that’s not the problem. They literally do NOTHING the entire shift. 
From what I know they’re able to wipe down the counters, do the food prep and handling as well as dishes. But mopping sweeping and anything requiring lifting is not required of them. They’re at least 30-1hr late each shift as well. 
While most of my co-workers. Understand the situation, the issue we have is that she doesn’t even do the smaller tasks they have made special to them. 
We recently learned that even if they’re on disability, attendance is not something they get leniency on. Everyone refuses to work with this person. So I’m the one stuck. But it’s really starting to wear on me knowing this person gets paid the same to do less and be late. Mind you Everyone else gets a write up if they’re late, but because the company is currently being sued by (A) they basically get free passes
Should she be fired? Does having them on schedule create an imbalanced work environment?

Answer

They should be fired if their lateness is continuous and not due to something beyond their control. Injured or not, you should be able to get to work on time.
If they aren't doing the adapted tasks, again, fire them. There's no excuse if your employer has made reasonable adjustments and you still fail to perform.

Answer

I feel as if they shouldn’t be working there if they are actively suing the company. But they likely still need the money; and are slacking on duties because of 1 the injury and 2 the court case

Answer

If your workplace is providing accomodations for them, then no they shouldn't be fired over being injured. However, they should definitely be reprimanded / disciplined for the tardiness.

Answer

They should be moved to another position if they can’t preform the duties of their current job. It sucks they got hurt but it shouldn’t burden the other employees.

Answer

Sounds like it all comes down to legal stuff. She is most likely baiting to get fired to earn some cash. I think what you could do is gather coworkers and make some written note to hand out to your manager about her behavior? That could help speed up the firing process without the company taking a hit.

Answer

Absolutely. An injury doesn’t excuse you from being late or doing tasks you are allowed to do.  They are just milking it.

Answer

They should be but because of the court case the company may not want to do it. A is probably doing it on purpose to try get fired and go for unfair dismissal or something. Maybe as staff you can report to your superiors and that would be enough back up for the company to fire without dealing with extra mess in court?

Answer

This person should definitely be doing the work they’re able to. But if they’re just sitting around and barely doing a few dishes or food prep items, and nothing else, that’s not fair to you and the other coworkers. I don’t think they can pay her less, but they surely should be cutting her hours and holding her to the same standard as far as being on time. If this person can’t be on time and just sits around and doesn’t help, I would say something to your manager if I were you. At the least, their hours should be cut until they’re well, or they shouldn’t be working at all if they can’t fulfill the duties of the job. I think it depends on where you live and the laws, but where I live if you hurt yourself and receive disability or fmla or whatever it is, you get paid on a percentage of normal pay. In this case, I think that should apply. Also, how is this person suing the company and still on the schedule?! Do they not have workmans comp to protect themselves? Sounds like a mess.

Answer

I’m certain they are working on it.  They just have to cross their t’s and dot their i’s because this person is litigious. They probably already have a list of things they need before they fire them, like 3 written reprimands, documentation of a communicated performance improvement plan, some more documented failure to improve, documentation of accommodations, etc.  Once they’re sure they’ve covered their asses from a lawsuit, they’ll actually fire them.

Answer

If you say you are in good enough shape to work then you can't show up late or ignore tasks. It sounds like everything has been done to accommodate her and she isn't cooperative. I imagine they're not wanting to fire her atm moment because it will look like discrimination, but it needs to be made aware of and documented as well as corrected.

Should they be fired?

Let’s Glow

Glow is here for you on your path to pregnancy

25+ million

4.8 stars

20+

Getting Pregnant

Pregnancy

1st Year (Baby & You)

Baby Products