How to Skirt the ADA to Fire an Employee with a “Psychiatric” Disability

Man in Grouch Marx disguise

Disclaimer: this goofy picture of a man in a Groucho Marx disguise indicates that this post is just a joke. I am not in any way advising any employer to actually implement this sociopathic solution to the problem of psychiatric disability in the workplace. On the contrary, my goal is to mock and ridicule this all-too-commonly used approach. Image found here.

Dear Employer,

Are you tired of that malingerer in your employ? You know, the one with the so-called “psychiatric disability”? Are you tired of the excuses? The moodiness? The drama? The “sick” days? The FMLA “medical” leaves? The short-term “disability” claims? The infantile and depressing can’t-do attitude?

Well, today is your lucky day! Because I am about to tell you how to fire this slacker. Here’s what you do: fire him!

Boom. Yup, it’s that simple. Just sack him. Do it now. You don’t even have to explain why. Stop wasting money on this lazy slob.

What’s that you say? “What about the Equal Employment Opportunity Commission†? The brat will go running to his EEOC mommy and tell on me.”

Yup, absolutely — whiners gonna whine, am I right? And here’s how to handle that: you mediate, and you offer the guy a few thousand bucks to drop the charge. EZPZ, lemon squeeze me. Look, if you don’t fire him, you’re just going to give him that money anyway, and in exchange for what? Headaches? Frustration? Whining? At least this way you nail a solid bottom to that leaky bucket. Also, once he’s gone you can replace him with a good worker, somebody who will actually earn his living.

What’s that? “What if he’s not faking it?” Are you kidding me? Why would that be your problem? What, you don’t have enough problems already? Now you have to go around taking responsibility for someone else’s?

Look, first of all, he’s probably faking it. At the very least he’s probably milking it — exaggerating — which is a type of faking it, and to the extent that he is faking it, then he is lying, and he deserves to get fired.

Ok, ok, right. Maybe every now and then you’ll inadvertently fire someone with a real disability that really is “invisible” and that really you should not fire. Listen, you’re going to have to get over that. You can’t make an omelette without breaking a few eggs. You understand? Don’t get me wrong, it’s sweet that you have a conscience and all, but this is business were talking here, right? Not charity. Just donate some money to a real charity so at least you can get the tax deduction. Plus, what about all of your good workers? Think about all you’re doing for them and their families by axing this dead wood. You’re strengthening your company’s financial position, and that will help keep them all employed so they can feed their families.

You see where I’m coming from? It’s the right move, amigo. And besides everybody does it, especially your own competition. If you don’t do it too, you’ll just be making them stronger than you, and eventually you’ll have to shut down your company, or sell it to someone who has the guts to do what you won’t.

So fire the fucker. Fire him now!

[Disclaimer: The above is just a joke. Please do not actually implement this sociopathic strategy!]


†“The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws [e.g. The Americans with Disabilities Act] that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” From “Overview” atΒ https://www.eeoc.gov/eeoc/index.cfm, last accessed 12/30/2017 7:43 PM

5 Comments

  1. Stuff like what you’ve been going through is why we’ve been hesitant in the past to accept help when it was offered because we didn’t want people to think that we were faking it or milking it when it’s clear as fucking crystal just watching my son for 5 minutes that even if you don’t immediately think “Oh he’s autistic!” you know SOMETHING is up with him.

    Liked by 2 people

    Reply

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