Need some HR help - hired an assistant who started on 06/19.

Need some HR help - hired an assistant who started on 06/19. Took a previously planned vacation for 6 days in July. During the entire time, I had been documenting all of his work, missed steps, issues that have come up. After speaking with my boss, we decided to PIP the assistant so he could course correct. We PIP'd him together, and he freaked out. Called out sick the next day, and the following Monday, presented a Dr's note for mental health - so he's out for the next 3 weeks. Oh and he claimed that he is being "targeted" because he is a medical patient and he has ADD. I need some advice how to proceed - his anticipated date to come back is the week I am on vacation. How do we handle the PIP - what documentation do we need for the ADD diagnosis and what are reasonable accommodations ?

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  1. Anonymous

    Please engage your HR Department immediately instead of getting advice from strangers. You are NOT on deck to navigate this. Let an HR professional and your general counsel give advice.

  2. Anonymous

    TBH, your documentation seems VERY soon as they learn their position. I'm more concerned about your approach to allowing a bandwidth of time to be a partner with getting them coached then a PIP. Wow. I would also say this feels 'targeted'. Are they asking for accommodations for their ADD? If not, why are you? That's a concern of a bias. I honestly don't think you're equipped to be a part of any planned actions for your worker. PIP's shouldn't be the first step to course correct. IMO, as you are rating their performance, how can you rate that when they have been there but a hot second. Please partner with a professional in HR.

  3. Anonymous

    I came here to say this, please partner with someone in HR and have someone else manage this person if at all possible.

  4. Anonymous

    That’s way too soon for a PIP unless that was a way to target him and get him out quickly. You need to get HR involved ASAP.

  5. Anonymous

    I agree.

  6. Sarah Borders

    This post makes it sound like a PIP was your first response to his shortcomings, and if that’s the case, it explains his reaction. The neurodivergent don’t respond well to criticism when it feels, for them, like it’s coming out of left field.

    I will preface this by saying that I am not a doctor, and what I am about to share is from the perspective of someone with moderate ADHD. There is a common byproduct of neurodivergence (though it’s not specific the neurodivergent) called RSD—Rejection Sensitive Dysphoria, and people who suffer from RSD often will experience a negative physical response to perceived rejection, like becoming physically ill. That *could* explain why he needed time to recover.

    All I can contribute to this is my perspective to help you understand where he’s coming from. As others have said, you need you connect with HR; they have the resources to help you make appropriate accommodations.

  7. Anonymous

    These are questions for your insurance broker and an employment attorney.

    Your insurance broker will advise you on risk as well as the history of this person's legal claims against other former employers. You can't use this information against this person but it was help to understand who we were dealing with abd surprising that it was made to us when we had a similar employee. It turned out that our employee was a serial offender who had a long history of filing similar claims against all theur past employers.

    You will need to be highly informed by counsel so you can properly document this employee's behavior, damage to the company and limit your company's exposure.

  8. Anonymous

    My guess is that you work for a small company with no OGC or HR. Your first step with a new employee is never a PIP. I wouldn’t be surprised if he is consulting with a contingent employment attorney. Chalk it up to a lesson learned.

  9. Anonymous

    Does the person in question report to you?

    1*If you want to find fault you can find it in anything including you.

    My question is would you expect a team member to treat you in that way.

    The fact that you where quick to put him on a PIP without assisting or guiding him in the right direction is telling.

    Life can be difficult at times & it is unnecessary to be obnoxious.

  10. Anonymous

    He started less than 2 months ago and you already put him on a PIP? Wow, that is way too fast. You needed to communicate your expectations for the job and coach him first. Since you escalated too fast now he has escalated and you're kind of in a mess. I had a similar employee situation except mine had a physical injury - he only actually worked 4 months of the 12 months he was employed and he added absolutely no value in those 4 months because of various reasons. Even then I didn't go right to a PIP.

  11. Anonymous

    This is way too soon for a PIP. I was being bullied in a former role. I knocked my role out the park and got on a PIP as a reward! She waved to make me quit or so they could fire me.Even on the PIP I even went to a ridiculous levels and excelled even higher.From personal experience, I don't think I'd ever put anyone on a PIP, not unless they are diabolical.Maybe they aren't doing well as you're failing as their leader? Have you self reflected on how you're approaching them, especially if they process different to you?Don't you usually have a probation period, now that's the time you decide if you think they would be a great fit or not.Have you really set them up for success?

  12. Anonymous

    I agree with others that it is too early for a PIP, especially if you hadn't talked 1:1 with him about his performance before presenting it. Adding the pressure of a PIP on someone with ADD will only exacerbate the symptoms. When he returns, it would be good to sit with him and ask what accommodations he would need to help him maintain his focus and keep him on track. I am guessing that part of the three weeks is unpaid unless you start their tenure with a large bank of sick pay. Was the vacation granted against vacation time not yet accrued? This could become an issue. It would be good to turn the tables and let him tell you what he needs to succeed and go from there.

  13. Anonymous

    You put this person on a PIP essentially less than 2 weeks into learning a new job? Damn, I'd hate to be your assistant, and, I've assisted some pretty shitty people.

    His reaction wasn't great, but I think you're jumping the gun a little bit. Jesus.

  14. Anonymous

    I agree. I think having a vacation within the first month is not ideal, but you seem to have agreed to it. Many times it takes 6 months to acclimate to a new role before you expect things to be "perfect" but in reality, you hit him first day back with a PIP,. Did you have conversations with him before his vacation? If not there should have been a discussion, i.e. 1:1 to check on status, how he was doing, any questions or issues. I would feel blindsided if this was me.

  15. Anonymous

    I get wanting him to do the job well. Did you offer him a model to follow?

    He's not in grade school.

    If I were him, I'd give up. And I have a "can-do" attitude and strong work ethic.

    Some jobs aren't worth having. This is one of them I'm afraid

  16. Anonymous

    The PIP stands. He is not meeting expectations and still must do so. The accommodation is a separate issue. Give him ADA paperwork for his doctor to complete with a detailed job description. The ADA process requires that he provide details on what he can and can’t do within the job. Once you get the certification you have to determine if you can accommodate him in his current role, if there is another available role that fits his needs, or if he will need to be transitioned out. The ADA requires you make reasonable accommodations, but does not require that you create a position for someone. You will need to be careful in your assessment. It’s a difficult process and chances are that if he can’t handle one PIP meeting this may not be the job for him but you still have to follow the process. Good luck!

  17. Anonymous

    It feels as though the damage is already done. How would one regain trust and faith in their role and management if they did not have a chance to acclimate let alone move forward? You also mention 'he claimed that he was targeted' which sounds as though you subconsciously don't have faith in him, either.

  18. GirlBossanova934974

    For your sake and your manager's sake, I hope your HR Department steps in and cancels this PIP and apologizes to the employee. This is just plain crazy. While it does not appear you've violated any laws, you and your manager have opened yourselves up to a mountain of criticism from any reasonable person. The first issue that should at the top is FAILURE to train this employee. What instructions were given? Second, what steps were taken to fix these issues? Other than handing out negative commentary, did you attempt to step in and go through the problems and explain what was needed to fix them? Writing down a bunch of deficiencies like some fly on the wall does NOT count. Next time before you out and do anything like this, please consult with your HR Department and see if you on the right course. Last but not least, remember PIPs are a LAST ditch attempt to turn around performance, NOT the first thing you do when you note deficiencies. Always try and remedy things before you get to that point.

  19. Anonymous

    This is a great take. This is some of the sloppiest and damaging management I've heard of recently.

  20. Leah Petrosino

    It takes at LEAST 6 months to settle into a new position and you go with PIP 6 weeks in? Are you KIDDING? No wonder he freaked out.

    How many people have been in this position prior to him? How long have they lasted? I ask these questions because it’s status quo to blame the assistant for a bad working relationship when quite often it’s a bad boss who is the problem. If you have high turnover with the people who work under you then the answer might be to reevaluate your own management skills.

  21. Anonymous

    Are you kidding me? Whatever confidence he had, is gone. Was he properly trained. That's on you and not giving him feedback along the way. He's probably looking for a new job and rightfully so. Toxic work environment....

  22. Anonymous

    seriouslly , a PIP in the first month , two things , he should have been let go in the 1 st week if he was that bad ,,, and if not then he should have been TRAINED , properly , clearly he wasn't as you are wasting much time DOCUMENTING and try to find fault with anything instead of helping. such a crappy work environment. i remember i was put in a PIP , it wa a training issue, we got an important e mail explaining how do our job ONE MONTH after we started working. swome people are bad at training , some people like to nit pik new employees to make themselves look better. more time they yell about someone , less time people look ino THEIR work and mistakes. had that happen also. if someone say they are being targeted LISTEN to them.

  23. Anonymous

    To everyone who is blaming the poster - hold your horses. Most companies have a 90 day probationary period and can be let go without any explanation of any kind. Most States are at will states and you can be let go without a whole of explanations even those with the company 30 years or 3 days.

    To the poster - I am sure there may be some good info in some of these posts - if you don't have an HR department then work with an HR/employment attorney now that this employee is stating discrimination . They can give you the guidance you will need. The exact phrasing in your documentation and coach you through providing the feedback.

    This poster has noticed a lack of commitment/capability and has documented the short comings so this person can be coached into a more productive employee. It is up to the employee to decide whether or not to accept this feedback and work on this.

    If the PIP is done properly it can be a learning moment and actually develop an employee. IF not or if the employee decides to be negative about this then the plan will be a waste of everyone's time. What you don't know as it is not stated in the above, has the poster been giving feedback all along and the employee is not heeding the advice/guidance.

  24. Anonymous

    It can be, yes. But how can you develop a person who doesn't even have a grasp on the job yet?? OF COURSE he's going to screw up - he doesn't know the systems the company uses, the processes around how these people like to work, nothing. The basics of the job are the same, of course - assisting someone is assisting someone, no matter where you are. But it does take time to learn - and if she's never given feedback and is just taking notes on what he's doing wrong, that's shitty. Of course he's never going to learn anything or adjust, if you don't tell him that you need him to.

    I've been in my current position for 4 months and I'm still asking the person who trained me for help on things, because I've only ever had to do them once or twice since I've started, and frankly the system is confusing. I guess they should fire me, by this person's metric.

  25. Anonymous

    Of course you can let someone go without any explanation. But is that the wise thing to do? In most situations, no. Just because you can doesn't mean you should and just because you can does not mean you won't get sued. I've seen it happen for less. He has disclosed he has a disability. OP needs to not be getting advice from strangers on the internet, but from HR and counsel.

  26. Anonymous

    I’ll just reiterate what everyone else has said: I’m sorry but wtf is wrong with you. Yes you have just learned that toxic workplace culture causes people to have mental breakdowns.

    You’re messing with someone’s livelihood, how they make a living, how they support themselves or their family.

    Are you for real or are you a robot?

    Take an empathy course and apologize to the employee. Scrub their record of that PIP. And politely offer them some more training.

    If they’re still making mistakes 6 months in then you take disciplinary action.

    Is this the military? A hospital? If you’re not saving lives I don’t know why you’re taking yourself so seriously. Get a grip.

  27. Anonymous

    You gave him a PIP less than a month in to the job? Because you started documenting his mistakes while he was on a vacation that you were ok with? This one’s on you and your company. You guys messed up.

  28. Anonymous

    I was let go once because my manager (loosely stated) made the rules up as she went along and refused to pay the bills and blamed me (I was new and bills were old)She was as bad as her organization. I take the blame for my poor research

  29. Anonymous

    I would agree with most comments below-a PIP in the first month or so seems unreasonable unless it’s for code of conduct, or attendance issues and in that case I would just end employment for someone that new if there is egregious behavior. But overall role and responsibility seems like a training and expectation issue on leadership. And now you have a serious hr nightmare that could have been avoided. If you don’t have hood hr to talk thru, find a consultant or someone out there that can walk you thru this one with all the facts. I’m sure there are more details not said here that need to be known. This is the type of work I do and I know these situations can be tough to navigate.

  30. Anonymous

    As someone with ADHD (and who is also an HRM), you sound like a nightmare for a manager.

  31. Anonymous

    Seriously, the worst kind. I hope he gets out soon.

  32. Lisa Bracco Spinelli

    I've worked for people like the OP. I have ADHD. Is it any surprise that I never disclosed it?

  33. Kia Harris

    Omg 6/19 to August !!! Have you done enough to train them. This sounds harshly unfair and he made a terrible mistake accepting this offer- what happened to extending the probationary period - just straight to pip! I’m sure this man has a life n family

  34. Anonymous

    I wish the employee in question was the poster so that I could wish him luck and tell him to find a new job. EVERYBODY makes mistakes within the first month of employment. Being an assistant is specifically hard in the beginning because you have to learn the office and personal preferences of the people you work for. If he's truly this horrible, then you might need a training class on how to hire people that are qualified for the job. Good luck.

  35. Anonymous

    This is a peek into the tenure of this person.
    He is not a fit for any expectations, structure or responsibilities. Your employment attorney can help advise on the required documentation as well as the steps needed for dismissal.

  36. Anonymous

    This is a peek into a toxic environment and manager. I hope his employment attorney gets him a settlement and they learn more about ableism.

  37. Anonymous

    He didn't even make it past 2 months.

  38. Anonymous

    His employer couldn't even onboard and train properly.

  39. MidwestMaven456

    You need to train somebody, or they won't know what to do. He started in JUNE and in JULY, with less than 30 days in, you're telling a trainee that he's a problem with an official note in his file. You could have started a little "softer" and sent him course corrections to see how he responded. If he didn't improve, then a performance improvement plan would have been warranted.

    Also, ask yourself these questions to make sure it's not personal and you are being a fair boss:

    1. Did you have any discussions on what the daily routine is supposed to be?
    2. Are the job requirements clearly spelled out?
    3. Are there any specifics on how to get it done? i.e. weekly reports are to be taken from the "x" folders and correlated
    4. Is this more personal, I don't like HOW the reads, or HOW it was filled out or WHEN it was done VS It was done wrong?
  40. Anonymous

    started at the END of june to top that off ...incredible. poor magament trying to hide their incompétence.

  41. Anonymous

    What a shocking post that's triggering to read. This kind of pervasive attitude is one of the reasons I finally quit my job. I literally felt like I was losing my humanity. I'll suggest you check yours. This is very callous and toxic and seems like you/the organization is more interested in documenting than training and covering yourselves versus creating a hospitable environment. I'm assuming you were in on the hiring of this person, perhaps self-reflect on the mismatch or lack of onboarding/training and give him a fair shot. It does not sound like he's been provided one, at all.

  42. Anonymous

    As someone with ADD. This is very disappointing to hear. He hasn’t been there long enough to have gotten everything the way you need it to be. What type of training have you given him? What type of accommodations have you provided? I feel like knowing he has ADD/ADHD you are targeting him.

  43. Anonymous

    I so agree as someone with AuDHD, this is exactly what targeting feels, looks like, and is. I hope he senses this and is already planning his exit, this place sounds awful.

  44. Erin Vega

    Were you and your boss aware of his ADD or being a medical patient with ADD when he was hired? Are you his direct supervisor? Did you train him?

    You had time to document the issues, his work, and missteps but not not once did you approach the new employee to see what you could do to help them out or if they had questions.

    I know I probably would freak out and feel targeted as well being bombarded after returning from vacation by you and your boss putting me on a PIP to 'course correct'. A PIP should have been your last recourse with him. Tattle-tailing and trying to make yourself look like a leader failed big time. The most important thing about being a leader is that you are lifting up your direct reports, bosses, and coworkers and what you did was drag him in the mud and expected him to just take it because you and your boss decided that a PIP was the best plan of attack.

    Now you have alot of research to do as you need to find out reasonable accomodations for ADD employees. You and your boss essentially need to "course correct" as you both certainly did this employee wrong.

    You may want to start her by reading this article:

    https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/understandingadhd.aspx

    Certainly get in contact with an employment attorney.

  45. Anonymous

    This is excellent advice. As someone with ADD, I don't disclose unless it's absolutely necessary, perhaps not the best approach but this OP is a solid example of the reason why. I hope they can consider your post, it's sage advice, honest, and exactly what they need to do.

  46. Anonymous

    As someone with invisible disabilities (ADHD among them), I also do not disclose unless absolutely necessary - because in my experience doing so only opens up more occasions for someone to actively discriminate against me without recourse.

    I have disclosed and been targeted much like this. Once you admit difference, you become the bully target. This post has me reeling from my flight/fight/freeze/fawn response kicking in (flight/freeze/fawn is more like it)

  47. Anonymous

    This post is literally why people are done working for toxic employers. You've exhibited so many of the buzzwords/traits employers are finally being called out for. I hope he hires an employment attorney because if he's been documenting any of this, I hope it comes back to you swiftly. But I bet you've been passive-aggressively cloaking yourself and presenting in shades of something else, I so wish he was privy to all this. It's very difficult to have any empathy for you about any issues with his performance. But if any of it's true, drop your bias and judgment and do the right thing to either get him back on track or let him go, legally. Gross.

  48. Sarah Page

    You have been notified he has a disability so the PIP needs to be walked back and you need to engage in an interactive process with him. At the minimum, you need to look at your training. Did he receive adequate training? Is the a written procedure manual? Did someone provide hands on training?

    You and your boss have opened your company up to a huge legal issue by likely using a PIP incorrectly. We were not there to see how the training was done but since it was around 30 days of being a new hire, it is hard to see how your process isn't skipping some important steps. It takes a minimum of 6 months to learn a job properly. If it seems that he lied about his skills, then the PIP might be justified to say that he needs to take Excel training or a professional writing class to meet the minimum requrements for the job. You stated though, it is missed steps that is the problem, that leads me to see it as a training issue. With his ADD, you need to offer the training a few different ways, written in a manual, walk through it together and yes, that is considered reasonable accommodations whether or not an employee has a disability. The cost of training a new employee is a lot less than throwing them out and starting the job search all over.

    His taking off sick immediately after the discussion isn't great but from his perspective, he just accepted a job in a toxic environment and is worried about what to do now.

    Here is the link to Ask Jan regarding accommodations to offer someone with Attention Deficit/Hyperactivity. https://askjan.org/disabilities/Attention-Deficit-Hyperactivity-Disorder-AD-HD.cfm

    I do wish you and the employee luck and I think this will end up being a great learning experience for everyone involved. Consider this a team project and all work together and I think you will get through this just fine.

  49. Anonymous

    As an HR professional, I am a little confused about putting someone on a PIP so soon. Do you have a 90 day probationary period? If not, you should consider implementing one. If you do then you shouldn’t be using a PIP but instead using the 30/60/90 day time periods to review progress, goals, and outline a plan to correct or train on any issues. I definitely would not recommend a PIP this early into employment. Also, I would want to know more detail around the missed steps or issues to know if this is a training issue on your part or bad fit/hire. Additionally, you do not need documentation of the ADD. His telling you is enough. Unless he is requesting accommodations. If he is, then you might seek information from his medical professional on what accommodations might be most helpful for him. I’m going to guess it would be something along the lines of providing additional training and time to learn the job, which to some extent should be happening anyway.

  50. maria rose

    I am going to offer an alternative reaction and possible way to go forward. I am also speaking as a person who has dealt with ADD individuals or anyone who has had a problem picking up job skills in the “expected “ time frame.

    First, when this person was hired, I am assuming that they were given instructions on what was expected , given a brief explanation and then allowed to proceed with their work performance being evaluated ( your post says documented). I am going to assume that means that this is a standard practice in your workplace for all employees and if they don’t achieve a certain level of performance, you will develop a PIP to help get them to the level of performance needed for the job. Second.— If my assumption is right, then the question is what made getting the PIP so stressful for this employee, that required them to need and get a doctor’s documentation immediately after receiving the PIP.

    I am assuming that this individual is of an adult age ( over the age of 18). Having ADD and using it to create a mental health crisis doesn’t mean that you as the employer have done anything wrong in how you treated this individual in the workplace because you were not aware of any need to modify your expectations of this individual work performance. In fact, you treated them no different than any other employee. Now since the PIP has “triggered “ a reaction which forces them to “ out their disability status “ the way forward is clear.

    Develop a continuation of the PIP which will include necessary adaptation adjustments for their ADD issues—for example need for more time to perform tasks or can only do one task job within one time period. This will be helpful for continuing their ongoing development of job skills—provided your workplace can assimilate adaptations without passing any extra workload to other employees. In other words, you lessen the “pressure “ without decreasing the expected productivity. Not knowing what kind of workplace, your goal is to make this individual “feel like a contributing “ factor and still have a functional workforce. So if you need a specific job skill that this individual has trouble performing fast enough , adapt their duties to accommodate, if you can do it. Make sure you give constant feedback if training or developing skills. Document everything and make sure that they provide you with correct documentation of their claims from their doctor. You don’t have to be present physically when they return to the workplace, but they can’t return without their documentation and they acknowledgement of what the workplace expects. Have everything in place—so when they come back, they’ll know what they’re supposed to be doing, even if you are not there. Emphasize to whomever is covering your role that this employee cannot return without the necessary documentation for any adaptation to accommodate their needs.

  51. Anonymous

    maria rose,

    did you really just write "Having ADD and using it to create a mental health crisis "??

    People with ADHD (the current terminology for ADD) don't manufacture mental health crises. They have them. ADHD is a disability.

    You wouldn't say that someone with a broken leg or a serious illness of some kind is creating a physical health crisis. Don't say that about ADHD or any other invisible disability.

  52. Anonymous

    Thank you for saying this! I really hope some people responding like this say it in front of other people at their place of employment. Maybe facing the ramifications of judging people's disabilities will foster change because this take isn't it.

  53. maria rose

    Dear Anonymous to my reply, as I clearly stated in my reply, and perhaps you didn’t read or understand, I have worked with individuals who have ADHD/ADD —in fact, both my children were diagnosed with the condition—so I am very aware of knowing what triggers frustration with an individual who has ADHD and knowing when someone has problems learning a new skill—it ADHD/ADD is a very hidden disability to someone who doesn’t understand why communication is difficult and short term memory is a problem in learning a skill in an environment where there’s lots of distractions to pull the focus away from the needed tasks at hand . Because of that, if the individual knows that they have ADHD and it will/is affecting their ability to focus on the job task they should let their employer know that especially if they are doing the job but need help with fine tuning the task details. This individual, about whom the post was written about, had been hired in June with the knowledge that they were to be

    able to perform the assistant job for the individual who wrote the post, who has a planned on the books 6 day vacation in July. That meant that the person hired in June was expected to be ready to take over the assignment by the planned July vacation. That explains the documentation of the work done over the time period and the PIP which would give the person hired in June and expected to fulfill the position for 6 days in July a guideline to work on. Not knowing what kind of job, I am guessing that the job needs to be done in a certain way because of the workplace needs. Not once during the time hired until the other person’s vacation was any mention made of ADHD problems until the individual had to do the job alone following the PIP in place. And that’s when this individual who was hired in June , worked consistently throughout the 30 days prior to the vacation had a mental health breakdown and needed to take 3 weeks off because their ADHD symptoms couldn’t handle the stress of the job.

    ADHD doesn’t work that way as it is a neurological condition that is either treated with a medication that helps with the focus or the person learns adaptive behaviors to improve their focus and they know how, when, what, and where to deal with any triggers that may affect them from focusing. No one suddenly develops ADHD because it is something that they are born with in their physiology. There’s 2 many signs patterns throughout their life. Both my children are successful in their jobs because they have learned how to control their focus and also know how to react to workplace stress situations.

  54. Anonymous

    Not for nothing, but you can have personal experience with ADHD and still be biased. Perhaps he thought he was like your children and had his methodologies down. A new position and colleagues can take a minute to figure out and trigger some things, but he's been given just about that amount of time. I'd imagine he didn't want to disclose right away for obvious reasons illustrated all over this thread.

  55. maria rose

    Regardless of the reasoning to not disclose ADHD symptoms and needs—and that’s a whole new post discussion—the timing of the reaction of a mental health stress and need to take off 3 weeks —shows that this individual knows how to work around the system to avoid situations where they are responsible for their work performance in a precise manner. They probably don’t like to be —to use the word —micromanaged -to perform the job in the needed manner for the job —and never said anything about the constant follow up during the 30 days prior to the July deadline. I am going to guess they thought they were faking the performance enough until they received the PIP, which I now believe was a guideline on their performance versus the actual job performance for the 6 days vacation period. We all face stress and performance reviews and ratings at work. I think this person should knew that and is now timing out their time on the job by making the workplace not being able to remove them off their books ( payroll) for the 90 day period of time to qualify for unemployment and other benefits while the workplace is short handed a person at work. The timing is too off for it to be just a mental health stress reaction caused by ADHD , because those symptoms ( diagnosed or not) are very clear and would have shown up before in the first few days at work.

    As far as the employer in this situation, they should follow the guidelines for their location on how to accommodate the disability situation as best as possible to their job. They do not have to guarantee that this individual will have the same job position but have a job that fits their specific needs and it will be up to the individual who left on a 3 week leave to accept the accommodation or not. The accommodation will not eliminate the need to perform the job as required no matter how stressful having job requirements is to the individual. No one gets paid to just show up

  56. Anonymous

    maria rose, I am "anonymous to my [your] reply" - I appreciate that you have children with adhd and that you are "very aware of knowing what triggers frustration with an individual who has ADHD and knowing when someone has problems learning a new skill"I have ADHD as well, and I can tell you that even having first hand experience with ADHD, I still would only have an idea of what might specifics might trigger frustration in other ADHDers or give them issues with learning. ADHD is a spectrum disorder and while the core 'symptoms' are there, they manifest in innumerably different ways. Add in other things like the possibility of any of the many other conditions that tend to "bundle" with ADHD, then think of how people's environments have contributed, and so on. Point is, that even the assumption that because you have children with ADHD and work with people who have ADHD means that you might spot someone, whom you've never met, as manufacturing a crisis. I know you said much more here, but I'm brushing over it, because you have already determined the very steps this process. "No one suddenly develops ADHD because it is something that they are born with in their physiology." Yes, you are correct. We are born with it. It is a neurodevelopmental difference meaning that the brain of someone with ADHD works differently. However, it seems that you may be missing out on much of the news these days that has found that psychology was only paying attention to one set of standards for ADHD diagnosis. This is the stereotypical external ADHD about which you are writing, it seems. There is a blossoming of new research with ADHD and autism both, and many people are late diagnosed. There are entire generations that were missed or who have been misdiagnosed with other things, Bipolar, Major Depressive Disorder, and Generalized Anxiety Disorder three of the most common, although all three of these also are commonly co-occuring with ADHD (and autism). As a 48 year old woman who was just diagnosed this year, I can attest that yes, it's something I've had all my life, and that no, the "2 many signs patterns [sic]" don't always hold when ADHD is highly masked, which it is for many people. For the fact, I tried to get diagnosed 20 years ago because I was convinced I was after meeting other people who were, and I was told after tested with the 'typical' tests for the time that I couldn't be ADHD because I was in university and could sit still. My reason for bringing up the latter (personal) points is that you can think you know all you do, but you don't. Your experience with your kids is mapped onto your kids and them alone. Or with your interactions with your co-workers. Certain things do generally hold with ADHDers and AuDHDers, but those can be summed up with 'symptoms' including but not limited to RSD (rejection sensitive dysphoria), generalized anxiety, and then someone really has to know what they're looking for to determine if some signs are actually ADHD or if they're merely a quirk of the individual. I realize I've gotten way off of the original post (to which we are all commenting). But it does seem like maybe there needs to be a primer and understanding of disability as related to employment in general, and then when I see posts like yours - ADHD. I'm sorry, but your partially correctness about it makes your horribly incorrect or misinformedness about ADHD necessary to correct.

  57. Anonymous

    Not sure how you onboard people but it sounds like you are managing or micromanaging him a bit too tightly and causing some friction there. He is clearly in for a fight because he is presenting doctors notes. Did he disclose his issues during the interview and or ask for an accommodation? Get your legal dept in the conversation and document what kind of accommodation is reasonable for his type of work and will still allow him to do the job. I had a person in our company do this very same thing. It ended up with him being caught out jogging in the middle of the day while say he was too sick to work....you might see about monitoring his social media to see what he is up to outside of work if he is calling out.

    Good luck this one is sticky situation but IMHO 90 days in is when you check in and during the first 30-60 tell him how to improve. If on the 89th day its a full fail let him go. You would have been fine. If you are in at-will state you need nothing else.

  58. Anonymous

    "I had a person in our company do this very same thing. It ended up with him being caught out jogging in the middle of the day while say he was too sick to work....you might see about monitoring his social media to see what he is up to outside of work if he is calling out."
    _____________________________________________________________________________________________________

    that's one thing if the person is physically sick (and just fyi, in some places, this kind of monitoring behavior is considered an invasion of privacy and illegal). But do this for someone who is out due to mental health issues is just sick behavior on the part of the boss/company/supervisor. And if someone is out of the office due to ADA and mental health, any other activity is fine as long as it's legal.

  59. Leah Petrosino

    “Too sick to work” or just using PTO? Perhaps it was a mental health day they needed for themselves? If an employee is using earned time off it shouldn’t matter what they are doing. It’s now THEIR time, not yours. If I found out my job was looking into what I was doing on my own personal time with the intent to use it against me I’d definitely be looking for a new job.

  60. Anonymous

    To be honest I would freak out too if within my first few weeks of employment I was put on a PIP. You said you kept notes of all that he had done wrong. Was he aware of these errors? Were you or someone working with him to help him improve? Was the previous assistant in that role for years ao perhaps you are not aware what it takes or how long it takes to feels comfortable in the role?

  61. Anonymous

    Exactly! it sounds as if she held unconscious biases against him from the beginning. She was looking for him to mess up and do wrong. Give a person a chance before you deem them unfit.

  62. Anonymous

    You're going on vacation again? You have probably overwhelmed him.

  63. Anonymous

    OP didn’t take the initial vacation, the assistant did.

  64. Anonymous

    That wasn't clear from the wording of her post. I read it that the OP took time off and monitored his performance from afar.

  65. Anonymous

    I’ve never heard of implementing a PIP while the employee is still in the probationary period. That’s what a probationary period is for. PIPs are given to implement the paper trail process to either correct or dismiss. This person was obviously a wrong hire, but your initial corrective measure should have been simply to address his shortcomings with his work in a formal conversation, not a PIP at that point.

  66. Anonymous

    A probationary period isn’t automatic. Not every company has them. Granted a PIP may be premature this early and there are other, preliminary and less formal steps that can be taken

  67. Anonymous

    I have a difficult time seeing why "this person was obviously a wrong hire". It's not known. The person has been in the job approx 6-7 weeks, which is not long enough for many people to be great at their work. It takes time. And when someone is neurodivergent, they process and think differently. So the reasonable accommodations might make him the perfect hire. Unfortunately, this has likely been botched by the seemingly knee jerk actions of the OP.

  68. asmith13

    Doing a PIP this early in the employment process is really odd, in my opinion. I could understand giving feedback and having check-ins, but a PIP is a big leap for someone who hasn't been with the company for even 2 months. I kind of see why he would get upset.

  69. Anonymous

    I agree!!

  70. Anonymous

    I find it extremely unfair to give a PIP just a few weeks after starting. And on top of it you go on vacation!! It sounds like you don't like him for various reasons and want a reason to fire him. Hopefully he will find a new job soon and get the heck out of there. This kind of thing is NOT going to improve work performance but will definitely create an environment which will make someone nervous and make more mistakes.

  71. Anonymous

    Sounds like a TOXIC and hostile work environment. Sorry, no sympathy for you.

  72. Anonymous

    Somebody had to say it.

  73. Anonymous

    I can't speak to a PIP so soon after starting a job, but I know some jobs have a 4 or 6 month trial period and if the trial doesn't work out, then that's that. But how is this person getting a doctor's note? If he's tkaing FMLA he needs to have worked for you for 1 year (over1250 hours). I don't think you should be playing with the legalities of this--that's what HR people are for. If you don't have an HR person, you should at least try to get a consult with a labor lawyer. This is not an employee who is going to settle for what he sees as poor treatment. He could haunt you forever. Good luck.

  74. Anonymous

    OP mentioned nothing about FMLA. The assistant went to the dr and claimed to be stressed out, the dr gave him a note to be off for 3 weeks to deal. Much less structured and much less formal than FMLA.

  75. April Line

    The timeline is confusing. Why were you working on vacation?

    Was your assistant expected to pick up your responsibilities while you were out? If so, was that explained clearly before you left? What support was in place so he could succeed in your absence?

    By a "medical" patient do you mean has a medical marijuana card? If so, why is that relevant here?

    I echo all of these questions about training and probationary periods, especially whether he was provided with a manual or thorough training ahead of your "pre planned vacation".

    PIPs are for people who have received verbal coaching and thorough training and still failed to meet expectations, well after their probationary periods.

    If you don't have an HR department, hire an HR consultant. And get some training from them, for you and your boss, about ways to appropriately onboard and train people.

    It seems like what you're not telling us is more important than what you have told us, and that your employee is right to be spooked.

  76. Anonymous

    I read it as the assistant started 6/19 and in July took a 6-day vacation that was planned (and presumably agreed to) before starting the job.

  77. Kristie White

    First, you should have a probationary period for new hires of at least 90 days. You should implement one if you don’t have it. 2. All states except Montana are employment at will, which means as an employer you can term without cause and an employee can term without notice unless there are policies requiring otherwise. For an employer, many states have exceptions and you should find out what these are for your state. 3. Consider whether you want to keep him. This sounds untenable even if you like him and I wonder about his ability to hold a job if he can’t deal with correction. You are not obligated under any legal program at this stage that I can think of, but here’s where you should check your states rules. Calling your state’s EEOC might be a good resource

  78. Anonymous

    If he has ADD, which is a covered disability, then letting him go like this could be in violation of his rights.

  79. Kristie White

    It is not a violation of his rights in early employment such as the first 90 days, and not in “employment at will” states which are all states in some fashion except Montana.

  80. Kristie White

    One more thing, this sounds somewhat fishy. Did he disclose ADD as an issue on his application and ask for accommodation ? If not, his targeting is BS because I assume you had no knowledge of it. And. I’m not sure it is a protected disability under ADA either, plus his employment is too new. This sounds like a scam to me and a potential lawsuit. Terminate him fast.

  81. Anonymous

    Terminating someone BECAUSE they disclosed a diagnosis sounds like a worse lawsuit.

  82. Anonymous

    For real. I don't pretend to know all the legalities around this situation, but the idea that he's a 'scammer' is disturbing. This is a solid example of why employees are skeptical of HR. Perhaps he is 'scamming' or perhaps he never intended to disclose but felt like he had no other option. There's evidence it's not a terribly professional environment or at least a healthy one. To the OP, be careful about termination and contact employment counsel first.

  83. Kristie White

    When you have worked with a lot of different kinds of people, you encounter the scammers. For this to occur so early in the employment concerns me. How was this employee’s experience vetted? Having been thru an employment situation years ago where mental health (stress) was used for grounds for a disability claim, it is a very difficult thing to manage and/or prove. Whether it not he has ADD is not the problem, it’s whether he can do the job.

  84. Anonymous

    Sure but this is not that past experience you're referring to. There seems to be quite a bit of unprofessional behavior and potentially discriminatory inference from the OP/the company. He does not have to disclose unless he's asking for accommodation. A fair expectation is that your employer will train and give feedback in a proper manner.

  85. Kristie White

    I’m not sure about that. Both the short employment and the “employment at will” position of the state are part of the case. Sounds like the new hire did not disclose the condition on their application and is now claiming “targeting”. So the new hire brought in the lawsuit language. And you can’t target someone- I.e., premeditate mistreatment, for something you know nothing about. While the PIP may have been heavy handed at this stage, the employer has the right to ensure the employee can do the job.

  86. Anonymous

    Kristie White

    discrimination against people with disabilities, invisible or otherwise is a very real thing. This is why they are part of a protected class against discrimination. This employee did nothing wrong by not disclosing any disability before he was hired. In fact, many people do not disclose before they are hired because they know that they might be discriminated against in hiring practices. This is pretty common knowledge.

    you say this person is “claiming” targeting, but the fact remains that he is being targeted in the fact that his disability is being brought in the doubt and questioned. This is a major problem and yes, it is illegal.

    I’m not sure how many times you need to be reminded that people with disabilities, whether visible or invisible, are members of a protected class against which discrimination is illegal in the workplace or otherwise. Yes, the employee must learn and do his job, but he has requested reasonable accommodations and these need to be implemented in order for him to be able to fulfill this role.

  87. Kristie White

    Let me remind you that everything is not protected legally, I.e. as noted in other replies ADD may not be covered. I understand his reasons for not disclosing his condition, but that does not entitle him to cry foul when he doesn’t receive accommodation. there is no requirement of the employer to make everything ok for him if a) he did not disclose and b) he is not in a protected class. The employer can always be more lenient.

  88. Anonymous

    Kristie White,

    You can remind me all you want of something you think is true and isn't (alternative fact), but if you don't take a few seconds to do the research (it seriously only takes a quick search), then you are doing yourself a disservice, being ableist, and quite possibility might find yourself in legal crosshairs some day if any of your future actions and even attitudes with covered employees correspond to what you are saying here.

    One thing you will find, which I find pretty helpful, is this article from the Society of Human Resource Management:

    https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/humanity-into-hr/pages/adhd-in-the-workplace.aspx

    From the article:

    Belynda L. Gauthier is a longtime HR professional and board president of CHADD (Children and Adults with Attention-Deficit/Hyperactivity Disorder), the national nonprofit organization for children and adults with ADHD.

    "According to Gauthier, there's also ignorance about whether ADHD is something to be accommodated. "The question I am most asked by those who have ADHD is whether they should reveal their diagnosis to their employer. Many of these individuals have told me that they attempted to request assistance from their HR office, only to find that many HR professionals believe that ADHD is not sufficiently debilitating to warrant accommodations."

    Michael O'Brien, an employment law attorney in Salt Lake City, said failing to consider accommodations for employees with ADHD is "a big mistake and creates serious liability risks." He continued, "ADHD can be a disability covered by the Americans with Disabilities Act or similar state law, and it also might be a serious health condition triggering Family and Medical Leave Act rights. Often, it is better for an employer to engage the employee and offer reasonable help than to risk a violation of law."

    The employee in OP's post is most certainly covered given that they just got a medical provider's note for related conditions. The medical provider is the one who has the power to determine if a person is covered under the ADA, and the ADA does not provide an exhaustive list of conditions for employers because the medical providers are the one who determine coverage.

    The medical provider nor the employee actually have to disclose the name of the disability to the employer --but it turns out that the employee above did so, in good faith that his supervisor would work with him. If OP continues to make things difficult, then he can formally invoke two different federal laws: the Americans with Disabilities Act and the Rehabilitation Act of 1973.

  89. Anonymous

    he, meaning the employee, can formally invoke

    Also, in case there are others here from different countries than the US, here is a list of the disability laws from UN member states. This provides merely a basic overview but is a place to get started

    https://www.un.org/development/desa/disabilities/disability-laws-and-acts-by-country-area.html

  90. Anonymous

    I'm so glad Anonymous at 5:48AM MST posted all of this information! I posted this elsewhere but might be helpful for you to have it here: Even though ADD and ADHD are both terms still used by people, the diagnosis is ADHD. This is the way it's recognized by all agencies, ADA, FMLA, EEOC, etc. The term ADD is now replaced with ADHD which is recognized in the DSM-5 list of diagnoses. You're welcome.

  91. Anonymous

    An individual is not required under the law to disclose a disability prior to accepting and starting a position.

  92. Anonymous

    Exactly.

  93. Lindsay Pfister

    I agree with the many opinions that issuing a PIP in less than two months of employment is a bit extreme. Usually before a PIP is issued there are meetings, coaching sessions, and a paper trail to show a PIP is needed after multiple attempts to help the person improve and they aren't.

    As for the medical claims of the employee, ADD may not be a recognized diagnosis under ADA. ADHD is recognized in the DSM 5 list of diagnoses, but ADD is not. Also, unless he is using sick days or some type of leave provided by the company for the 3 weeks off , he may not be entitled to the 3 weeks since he is not eligible for FMLA yet and does not seem to have a recognized diagnosis supported by medical documentation that is accompanied by doctor recommended accommodations that are reasonable. A reasonable accommodation is something that helps the person complete their essential job duties without causing undue hardship on the employer that is either financial or in the operation of the organization. Examples of reasonable accommodations are change job tasks, improve accessibility in a work area, provide or adjust a product, equipment, or software, or allow a flexible work schedule.

    I agree with the other that it is essential to bring in a labor attorney and/or HR support to help with this situation.

  94. Anonymous

    Even though ADD and ADHD are both terms still used by people, the diagnosis is ADHD. This is the way it's recognized by all agencies, ADA, FMLA, EEOC, etc. The term ADD is now replaced with ADHD which is recognized in the DSM-5 list of diagnoses. I do not know the accommodations or laws around ADHD however.

  95. Anonymous

    Anonymous 6:02 is correct, ADHD is the updated terminology and is the same as ADD.

    ADHD is a neurodevelopmental disorder that is considered a disability under the law. Having ADHD makes one a member of a protected class. So yes, the ADA covers ADHD.

  96. Anonymous

    Good for him for calling out sick, taking 3 weeks off from that toxic mess of a workplace, and documenting being targeted. Less than one month after he started, he took vacation time that was previously agreed upon, and you spent 6 days 'documenting all of his work, missed steps, issues that have come up.' It sounds like you have too little on your own plate and are a passive aggressive micromanager. Of course he freaked out. You put him on a PIP less than 30 days into his employment, without even having a conversation with him. You didn't even give him a chance to course correct, before PIP. I'm going to assume the 'mistakes' this person made were not life threatening/didn't cause death, and with a little guidance and training, could have been an opportunity to train him, instead of blindsiding him with a PIP after he came back from vacation.

  97. Anonymous

    Seriously! My sentiments exactly and what a hot mess. I hope he's able to leave soon. I'd love to hear how all this shakes out because there could be some trouble brewing for the OP and the company.

  98. Anonymous

    This is the best reply. I was put on a PIP one time after just three weeks at one job. They knew I had minimal experience in the field. There was no warning, no coaching, nothing. There was no reason for that, especially because their training was scattershot. I really hope the assistant leaves and finds a place that will help him succeed. Two weeks and he's on a PIP...get outta there!

  99. Anonymous

    You seem to have bigger problems than the pip lol. It's odd how people feel comfortable sharing their poor (possibly illegal) behavior and discriminatory attitudes here. Are you upset because he seems to know his rights and takes appropriate action to protect himself? You established this hostile tone in the office and suggest you chose to deescalate it as best you can. This is serious, you and the company need to be professional and seek counsel immediately. In case it's unclear, I'm not rooting for you to come out ahead, but you have really stepped in it. I wish him all the luck in getting out of there soon.

  100. Anonymous

    ADD is a serious diagnosis and can really affect one's work. It may be better for you to learn more about it and how people with ADD function. This can assist you better in learning how this employee's mind works and help them be successful. People with ADD struggle A LOT! And more times than not, they really, really want to be successful and 'normal'. Involve them. Ask what they need. How they learn. How to structure the work/tasks.

  101. Anonymous

    Speaking as an administrative manager, unless the employee is solely responsible for pouring coffee in the kitchen for your group, expecting him to be fully capable of performing all tasks without need for more detailed training is unrealistic. 30 days of employment is not enough time for him to embrace the role, understand all facets and perform the work without need for review. Instead of all of your documentation against him while he was on vacation, you should have been using the review of his work as coaching opportunity and reflection of the training he was provided (or not provided). You failed to mention if he has worked as an assistant in the past or if this is a new role for him, if he has worked in "your industry" prior to joining your group, how much training he received prior to his approved vacation, what type of review you've done with him prior to his vacation to help him understand where the missteps were and how they affect x, y, z within the company, or if these missteps caused significant issues for the company as a whole. This situation sounds like he did not receive what he needed from the very beginning -whether from you or whomever was responsible for his training-and instead of seeing it for what it is and backing up and "starting over", you moved to a serious corrective action plan while he was on vacation before even giving him a chance. This sounds like a very stressful work environment regardless of ADD/ADHD and would feel like this for anyone. He is human. Mistakes will occur-especially within the first few months of employment. How can you rightfully expect him to be 100% after a few weeks on the job? This situation should be a learning lesson for YOU rather than the employee. If after significant training and coaching, he was still unable to complete tasks appropriately, I would agree with your next steps. This scenario IS you targeting him-maybe not for his ADHD/medical issues but you did this while he was away a few weeks into his employment and you sprung it on him as soon as he returned--how can you see it as anything other than targeting him? You should have approached this more as "while I/other person was covering your vacation, I came across a few things and I'd like to go over them with you to ensure you have the best understanding of ..... and how your work fits into this as a whole". ADHD or not, everyone learns differently so perhaps explaining it differently would help him. My last thought- you AND your boss serving him the PIP, you blind-sided him as soon as he returned, it is not surprising that he acted as he did.

  102. Anonymous

    This all needed to be said. Excellent points.

  103. Anonymous

    For goodness sake, what would you expect?! No training or communication then Blindsided by a PIP in 30 days? C’mon, let’s do better.

    As an HR leader, I get so tired of poor managers who are not held accountable for training and investing in their people, then complaining when their direct reports don’t have a crystal ball to read their thoughts. This company snd leadership team sounds like a disaster plus major employment brand damage when thIs employee tells the world about their crappy work experience.

  104. Anonymous

    I'm so so baffled as to how someone can be FULLY onboarded to the point that they need a PIP before 3 months!

  105. Anonymous

    Thank you - this needed to be said by an HR professional.

  106. Elizabeth

    Reasonable accommodations are, or is a legal term granted to people with a mental illness. His PIP has to reflect the reasonable accommodations allotted to him from you guys. It's a discussion between you and him that you both agree to. If you don't provide that and fire him without accommodations. He can sue. So yeah, that's it in a nutshell.

  107. Anonymous

    Elizabeth, in spirit you are correct. However, "reasonable accommodations" as a "legal term granted to people with a mental illness" is highly inaccurate in multiple ways. Reasonable accommodations apply to all disabilities, not just mental illnesses. Also, ADHD (the correct term for ADD) is not a mental illness, it is a neurodevelopmental disorder. Someone with ADHD is not mentally ill. Their brain functions differently. Because our society is built for people with neurotypical brains, people with ADHD and other neurodivergencies can experience extreme anxiety, depression, and other mental health symptoms and/or illnesses.

  108. Anonymous

    I agree with you on so many levels here. I have a condition that could qualify for reasonable accommodations if I felt they were needed but I am able to do my job without applying for accommodations. I have a frank discussion with my bosses and I have the ability to work from home or change my hours slightly if needed. If I felt it was needed to be documented, I would do that, I also never disclose on day 1 either. There are so many things that fall under the term disability (legally blind, PTSD, Insulin Dependent Type 1 diabetic, Kidney failure, being in a wheelchair or crutches, depression, ADHD, Fibromyalgia, etc.) and as you clarified it is more than just "mental illness". Thank you for your post - it helps to teach others along the way. Maybe others will understand what ADHD is and not lump it as a mental illness, There is enough stigma with both - why make it worse - right?

  109. Anonymous

    If he was hired to do a specific job (ADD or not) the expectations are being able to do the work required. A PIP is a learning tool to target the responsibilities and issues that have been noticed and not being met. Instead of taking the day off and using this PIP as a learning tool he ran from his responsibilities and commitment to the company. It seems that he is taking advantage of the situation and needs to take some responsibility and soul searching that maybe he does not have the skill set to handle this job and needs to look elsewhere and learn how to take constructive feedback.

  110. Anonymous

    Anonymous

    08/09/23 at 8:30PM GMT+2, if this employee worked for you, you would be getting yourself in pretty big trouble, too. It's obviously quite clear that you know little about disability and the law. Maybe it's better you take a step back and realize this.

    By the way, I am specifically familiar with US's ADA (and am covered by it and have had to deal with people like you multiple times who were in turn shocked to be checked by HR). Other countries have their own versions of the law, so this isn't an excuse

  111. Anonymous

    Wholeheartedly disagree with this. I can imagine this employee is under a huge amount of stress, feeling like he has very little support, even people actively building a case to terminate, and I think it's safe to say he received little training. He has been there a very short amount of time for a PIP. Few people take on a new role, and the upheaval to their life that comes with it, to use it as an opportunity to take advantage.

  112. Anonymous

    I honestly wish your employee could see this support for him here. At least it might salvage his confidence some, which, in the best case scenario (that may be too late unless you are willing to be accountable for your own part in this, OP), will only help you also.

    While other people can eventually brush off or positively cope with/work through bad work experiences (I'm not saying it's easy) people with ADHD and other neurodivergent brains often deeply internalize these types of incidents. This is a documented fact in general, and neurodivergent people with RSD rejection sensitive dysphoria have an especially difficult time working through incidents like this. This is where that doctors note came in. His physiological response to this stress has been "fight, freeze, flight, or fawn" mode of his nervous system. If OP knew anything about this, then she might understand a bit better. This is part of the disability. This is probably crushing his soul, gnawing holes in his stomach lining, and god knows what else. But at least he knew his rights and knew how to seek help for himself. Good on him. I really wish he could see this

  113. Anonymous

    Thank you for this as this is the first post that really discusses the trauma that this employee likely suffered due to OP's actions. I wish the best for this employee and for him to find an environment where he will be supported to do the best work he can for the company and for himself.

  114. Anonymous

    One question I'm asking immediately is, did you know about the ADD? Had he told you? Reasonably, you were not supposed to diagnose or label him, without him giving you the information. Without him declaring his condition, you could not know about it. However, if you'd looked into his behaviours, might you not have guessed?

    If you knew about it, had he asked for reasonable accommodations already? If he had not, then he was technically in the wrong. He knows what you're asking of him, and he knows what he finds difficult, and so he's the one who could have seen the problems. On a basic level, the employee cannot expect you to guess at their needs. However, if he had requested them, you are in the wrong, because you needed to go through a process to negotiate some with him. That means asking an external assessor (an occupational health specialist) to talk to him about this illness to determine some reasonable steps, which they would present to you and, between you, you'd agree on some of them.

    If he is only bringing this up now, then he's in the wrong again, but that doesn't mean you don't have a responsibility. A few years ago, you'd be home and hosed, but we have a better attitude towards neurodiversity these days. We've recognised that it's a good thing to have neurodiversity in teams, so we go a little further towards those who have the relevant conditions. However, individuals are behind the curve and they still fear discrimination and ostracism. So you have to be the one here who wears the bigger pants until people with neurodiversity feel fully confident to declare their condition.

    I think you need to let him know that the PIP is completely cancelled while you work on this together. Tell him that you hope he will rest while off, and then come back to work knowing that you're going to look into some reasonable accommodations. I have people with ADD in my team (I'm an org psych) and these are the accommodations we make as standard. Any formal documentation needs to be absolutely up to the standard of anyone else. This goes for people with ADD, dyslexia etc. However, we do not expect that meticulous attention to detail in informal internal comms. As just one example, as long as the facts are all there, we don't worry about internal emails that are less well structured, have spelling mistakes, aren't exactly formatted to our standards etc. We also turn a blinder eye to odd behaviour in the office, so looking really bored when the person is really bored, as long as this doesn't happen on external calls. We also don't worry about the one or two people who don't do "small talk". Once you and the team get used to these things, you realise that the really are nothing at all.

    I'm going to say this - it reads like you started his planned vacation looking for missed steps and issues, which wasn't a smart move. Not only was it unfair on him, but it potentially sends a message to the rest of the staff that "don't go on holiday, because we'll look for all your mistakes while you're away, and punish you when you're back". You didn't need to wait until he was away - yes, it was easier, but you could have done this at any time, rather than ambushing him when he got back.

    So I think you should mend the bridges, ask that he sees an external occupational health specialist, and go from there. Otherwise, even if he didn't tell you about the ADD, and he didn't ask for accommodations, just by waiting for him to go on holiday before "documenting", you don't look good. As for what is in it for you, there is tonnes of evidence out there, anecdotal and researched, that increased neurodiversity in your team is a good thing, so seek to make the best of an opportunity. You're also potentially enabling someone from a minority group to succeed in the world of work, and that ought to give you a warm feeling of doing something right for society.

    I'm posting anonymously for the privacy of the neurodiverse people in my organisation, and not because I'm hiding from my advice.

  115. Anonymous

    I agree with many of your points. But he does not need to disclose ADHD unless he's seeking accommodation. Depending on many reasons and circumstances a person may choose not to until it becomes necessary. This is not illegal. Discrimination and targeting are very real and happen often. This is a very condensed timeline of occurrences, perhaps he wanted to try the role on before he sought any accommodation. It may be inconvenient for the org but he is not wrong. Some of the OP's comments and position on things illustrated why there may have been hesitation.

  116. Anonymous

    "If you knew about it, had he asked for reasonable accommodations already? If he had not, then he was technically in the wrong."

    He was not in the wrong.

    I second the response above stating that he does not need to disclose a disability or ask for reasonable accommodations before he determined they were needed, because yes, discrimination and targeting are alive and thriving today, sadly.

  117. Anonymous

    I said that he was "technically" in the wrong. If his alleged failures at his job relate to him being unable to fulfil any part of it, and he is now saying that ADD is a factor in those areas, then in point of fact he should have requested accommodations of some kind. If he says that ADD had nothing to do with his alleged failures, then he didn't need to make the request. I am neurodiverse myself and I know all about discrimination. My accommodation is that I only work 4 days a week. I can't force anyone to give me that accommodation, and some who would refuse to employ me would use that as an excuse to avoid having someone with a chronic mental health condition in the team. Obviously that's awful, but it is better than me saying I can work five days and then being off sick some months down the line when I've driven myself to insanity. Yes, the discrimination sucks, of course it does, but I equally cannot pretend I can do it all, when I can't. Ideal world = no discrimination and open discussion around accommodations. World we have = take the chance and request accommodations, rather than push yourself beyond your limits while pretending everything is fine. Happily, the number of good employers is on the rise - there is a lot more to do, but the direction is positive.

  118. Anonymous

    how can you really apply for accommodations if you do not really know the scope of the job?

  119. Anonymous

    He is not “technically” in the wrong, if you actually took the time to read the guidelines set forth by the ADA and the laws set forth by the EEOC and DOJ on disability accommodations.

  120. Anonymous

    This exactly! He is not wrong or "technically" in the wrong either. You may not like it but it doesn't make it or him wrong.

  121. Anonymous

    "I said that he was "technically" in the wrong. If his alleged failures at his job relate to him being unable to fulfil any part of it, and he is now saying that ADD is a factor in those areas, then in point of fact he should have requested accommodations of some kind. "

    I see that you also have accommodations, so you are familiar with part of the law; however, it's always helpful to be aware of the full extent of your rights.

    A person may request accommodations at any time they realize their disability is causing them difficult in fulfilling their job duties. And if a person, such as you, realizes that you may need to work with your employer to shift or change accommodations, then you may initiate the conversation. This is all what the law allows. Employees do not have to request reasonable accommodations upon being hired.

    This isn't about not fulfilling one's duties because one does not have a skill or because one simply doesn't do them --it's about requesting accommodations when one realizes that the accommodations will make doing the work more accessible. Accommodations are about access.

  122. Anonymous

    The first question that comes to my mind is, were you really on vacation for that 6 days in July? If you were, why were you spending your break spying on your new employee? I can't believe that you - with your boss sitting next to you - presented him with a PIP THAT soon after he started his new job. No wonder he freaked out!

    Could you not have simply sat down with him and talked privately about the issues you've seen with his performance?

    ADHD or not, I hope he uses his mental health break to look for another job. Clearly he's landed in a toxic workplace, if this is the way you and the other supervisors treat new employees.

  123. Anonymous

    PIP-ing someone only about a month in? Why? I hope he's using his time off to find a non-toxic workplace.

  124. Anonymous

    Who PIP's someone after like a month, especially nitpicking everything? Perhaps you and/or your manager need a PIP for how to train/onboard someone?

  125. Anonymous

    Question one: who took the pre-planned vacation, you or him? What does this vacation have to do with the story?

    Question two: what behaviors led you to document "missteps" so early in the process?

    Question three: When did he disclose his disability. If prior to your PIP, you could have some difficulty here. Had he already requested accommodation?

    As I read this, it seems you expected this guy to fail.

    All he has to provide you is documentation that he has a disability (doesn't need to disclose what) and list his reasonable accommodations. The accommodations are set by his medical provider, and you and common sense deem what is "reasonable." Consult an attorney to understand what reasonable means for your organization. It could be providing written instructions, for example.

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