Publications
What Can I Do if My Employees Refuse To Fly?
Frequent air travel is a fundamental part of many jobs. But what happens if, terrified of the post-September 11 dangers, an employee refuses to fly? Can you terminate the employee for failing to fulfill a key aspect of his or her duties? Even if you choose not to terminate the employee, can you demote or otherwise cut the compensation of the employee (as compared to, for instance, what you pay employees who are willing to fly)?
Barring any prohibition in an employment agreement, and without considering the specific employment statutes of particular states, the general answer is that you can. (Obviously, however, each instance needs to be separately analyzed.) The major impediment would be the ever-looming Americans with Disabilities Act. We have frequently dealt with the ADA in prior issues of Avoiding Lawsuits (see, for example, October 1, 2000 and September 1, 2001). The ADA casts a wide net in defining a "disability" that qualifies for legal protection, including everything from kleptomania to claustrophobia. But, especially in view of the Supreme Court's most recent decision (see the ALERT below), we think classifying the fear of flying as a disability to be a stretch, at best.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
