Employment contracts, in the simplest of terms, are like a great kitchen appliance. When they’re present and working well, they can make the process of employment run a helluva lot smoother. Take for example the concept of failing to uphold contract terms. This is when one party fails to uphold the conditions of the employment contract. This is like not using the correct setting on the toaster oven, or burning your hand while taking something out of the oven. Sadly, things that aren’t included in an employment agreement include: Now, some of these breaches are fairly obvious, such as failing to pay the agreed upon amount. But others, such as failure to provide reasonable accommodation to a disabled employee are things that some employers may not even realize they’re doing. This example is easy to understand if you consider it in terms of a cooking metaphor. Picture one of your favorite recipes. It calls for fresh tomatoes. While canned tomatoes might do in a pinch, they’re not the same thing, and your recipe probably won’t turn out the same way. The same can be said for employment contracts and “reasonable accommodation.” Asking an employee to perform what may be a safe duty for an employee without that disability is like asking someone to cook using something less than the perfect recipe. It seems like a small thing, but it’s actually a big deal. There’s an old adage that any good recipe can be tweaked into something new, unique, and better. This speaks to the ability to “cure” or fix problems when they arise. So what should you do when you’re faced with a breach of contract employment scenario? Approach the situation in a reasonable manner with your employee. If reasonable accommodation isn’t possible, the employer must find a way to use an alternative method that’s “reasonable” in the kitchen metaphor. That’s like using those canned tomatoes, or your favorite substitute for fresh tomatoes. Keep things simple, but don’t push the envelope beyond all reasonable safety measures. Remember that the world of bakery goods can be pretty delicious. But it can also be downright alarming. When it’s time to cut the apron strings with an employee, there are ways to go about it that are far easier on both parties. And remember that the world of employment contracts and agreements is one that may be far more complex than the 140 characters that a Twitter post allows for. So try not to burn the proverbial bakery, and remember that people don’t enjoy being yanked back and forth between various recipes, and you won’t suffer a breach of contract employment. As the wise people at Jillie Willie have stated, it’s all about communication and clarity. In the kitchen, and in the workplace.
