Ninth Circuit Holds That Behavioral Issues Warrant Fitness For Duty Examination


By: Morin I. Jacob
California Public Agency Labor & Employment Blog, January 25, 2011

On how many occasions have you found yourself asking whether you can lawfully send an employee for a fitness for duty evaluation?  At one time or another you may have been faced with an employee whose ability to perform their job is questioned.  Sometimes these situations are clear: the employee is actually failing to perform his or her job duties and you have cause to believe they are not fit for duty.  However, what about situations where an employee is performing the functions and duties of their job, but is acting out behaviorally in a way that is stressful and disruptful to a department or unit?  Can that employee be sent for a fitness for duty evaluation even though they are competently performing their actual job duties?

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