Employee promised to improve attendance but employer wasn’t aware of the extent of employee’s depression
All employers have a duty to accommodate employees or have an illness or disability. The duty to accommodate doesn’t always mean the employee must be kept around, but it does mean an employer must investigate all of its options — such as modified job duties, a different job posting or shorter hours — to determine if it’s possible to accommodate to the point of undue hardship. If it’s not possible to accommodate the employee without causing undue hardship, or harm to the business, then the employer may not have to keep the employee around.