Here’s a tricky scenario for any HR pro: You have reason to believe that an employee, who has suddenly started showing increasingly erratic behavior, is struggling to do her job and negatively impacting her co-workers. What can you do?

Can you require that worker to undergo an independent medical exam before returning to work?

Monroe v. Consumer’s Energy tested the legality of such a move. In this case, the long-time employee, Ms. Monroe, suddenly began having trouble focusing and concentrating at work and stopped interacting with her co-workers. She then began accusing those co-workers of tracking her — via a GPS on her car — and doing surveillance by placing listening devices in the office that intercepted her text messages.

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