DISCLAIMER: Due to the universality of this update, the information provided in this update may not be applicable in all situations and should not be done without specific legal advice based on specific situations. If the underlying problem of staff delivery relates to drug or alcohol abuse, an AIC can be combined with a rehabilitation and/or treatment and/or testing requirement, which is also helpful in the event of disability. A CMA can also be combined with anger management or other training in case of behavioural problems or harassment. The decision recently published by the Michigan Court of Appeals, Jewett v. Mesick Consolidated School District, No. 348407, 2020 WL 3005995 (Die. Ct. App. June 4, 2020) shows why an employer should consider an I.A. if it has made a decision to dismiss an employee, even in a non-union situation. In Jewett, the complainant filed a complaint against the employer for discrimination on the basis of disability. As a backdrop and ahead of the legal action, the employer made available to the applicant an AIC as a condition of his continued employment, in order to avoid the dismissal of the worker. However, the employee refused to sign the ACF and resigned instead.
In the complaint, the employee argued that he was constructively dismissed, that is, that he was forced to stop because one of the provisions of the proposed ACL required him to “follow all oral and written instructions.” On the basis of the facts of that case, the Court concluded that there was simply no basis for concluding that this uniform line would make the worker`s working conditions unbearable, which is necessary to request a constructive discharge. In short, employers should consider an IIC if they have found that the worker`s benefit is so unsatisfactory that they have reached the point where they are prepared to dismiss the worker and still have doubts about dismissal. To address these concerns, there may be concerns about documentation of performance issues, concerns about the non-dismissal of the worker, or even concerns about the impact of redundancy on staff. In the best case scenario, the employee can be reported that he is a valued employee and that the employer is trying to work with the employee to manage the employee`s performance problems, to make the employee a better employee and to effectively become a valuable employee. However, an AIC cannot be used to require an employee to waive the right to waive burden relief at the EEOC or a federal court if the worker is ultimately dismissed. However, a CFA can, if injured, give the employer a strong defence, give the worker the opportunity to keep his job, and the worker expressly agreed with the CCA and violated it knowing that it had the consequences. The Court upheld the ACF, which expressly requires the worker to follow and comply with all directives, to fully fulfill his obligations and responsibilities, and to be present immediately and regularly. The ACF also provided that the worker would be dismissed immediately if he did not meet the ACF`s requirements; he is closely monitored and must accept supervision; He is expected to be transferred to work on time and ready to work; and would comply with all oral and written directives, procedures and instructions provided by the administration and/or supervisory authority.