If an employee is acting abnormally or exhibiting signs of mental impairment, can an employer require the employee to take a fitness-for-duty examination? Tim Garrett of Bass Berry & Sims recently addressed that question in a recent blog post. Here are some of his tips, based on recent case law:
• Don’t rely on anonymous sources: Garrett points to a case out of New Jersey in which a judge sided with an employee who had been terminated after refusing to undertake an examination. The employer had demanded the examination 8 months after receiving an anonymous letter that raised questions about the employee at issue’s mental health. The judge ruled that the employer had a duty to further investigate the letter’s contents before demanding the evaluation.
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