Tag: Poor Performance

Question: Would it be permissible to transfer a long-term part-time employee who is an average to poor performer to another role and replace that position with a full-time employee? Answer: Unless there is an employment contract or collective-bargaining agreement that suggests otherwise, employers do have the ability to set an employee’s work hours and job duties based…

Question: Is pregnancy a protected class in Kentucky? Answer: Pregnancy is a protected class under the Americans with Disabilities Act (ADA). We recommend that you address the situation in two separate aspects. If the employee is not meeting the defined performance expectations under the job description or expressed needs of the job, then the employer…

Question: We have an employee who is not working up to the expected speed in our retail store and has mentioned that it could be because of her weight. She does not assist with any of the physical tasks such as stocking shelves. She has not asked for a specific accommodation, but can we address…

Question: A long-term employee has had excessive absences in the past year and no longer meets work hour requirements due to these absences for benefit purposes. How should it be addressed? Answer: We recommend that you address the attendance issue first before the benefits eligibility concern. If there are certain medical or personal issues that…