Ask The Lawyer

By Debra Roth

Q & A Session: Correcting Substandard Work

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Q:

Can it be considered a form of abuse or injury when correcting an employee’s substandard work results in carpal tunnel syndrome pain?

A:

While it seems as if your subordinate employee is indeed creating unusual work conditions for you, a complaint of abuse or injury based on the inferior work product of a subordinate isn’t feasible. However, if your carpal tunnel becomes too debilitating, you may be eligible for reasonable accommodations from the agency which will allow you to work and remain healthy. You also may be eligible for workers’ compensation if your carpal tunnel syndrome is aggravated by your work duties. I can’t advise you on the best way forward professionally with the employee who is producing reams of bad copy, but it might be wise to take advantage of any available feedback, counseling, or performance review process available.

This response is written by Conor D. Dirks, associate attorney of Shaw Bransford & Roth P.C., a federal employment law firm.

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