I was forced to quit (fired) from my job due to arthritis, is this legal?

Question

I started work last week at a seasonal halloween store. In the interveiw they never once mentioned that cashiers are forced to also to do the heavy lifting and stocking. So I took the job thinking it was a simple normal cashier job and my arthritis could handle this. Turns out that I had to do a little bit of lifting, 10 Lb. boxes was a strain but I could do a bit of it. After another day they wanted me to lift again, the boxes were heavier. I told then I shouldn't be doing this, but they promised it would be a one time thing. So I sucked up my pain and lifted some boxes. The next day I could barely move. I had no choice but to call in to work and request off. And told them that moving the boxes really upset my joints. The next day (today) I went in for my normal 9-5 and they took me in a back room, and said "This job isn't for you, it's all heavy lifting and you're going to slow us down. With your disability you have a choice to quit or be fired." Is this even legal?

I read the job handbook and it states "Reasonable accommodation may be made to qualified disabled individuals for the performance of essential duties and responsibilities"
I was never once warned of the tasks, expectations and responsiblities that were expected of me. If so then I would have let them know ahead of time that I would not be able to perform the tasks.

Answer 1

I think what they did was legal, but not very ethical. Did you mention to them that you suffered from arthritis before you were hired? If they were aware of your disability, hired you, and then fired you BECAUSE of your disability, THAT would be illegal under the Americans with disabilities act. If they hired you without knowing about your disability, they would not be required to accommodate your disability. Some state laws are actually stronger than the Federal Statutes concerning disabled worker's rights. My suggestion to you would be see an attorney that specializes in disability and employment law. Contact your state bar association for a referral. The initial consultation is usually free.

Answer 2

This one's kinda close. Had you been a long term employee, it would not be. If you cannot perform an essential function of a job there is no reasonable accomodation that could be made. However, an employer cannot change or add functions that a disabled employee cannot perform simply to avoid the "reasonable accommodation" provison of the ADA. The factual issue is whether heavy lifting was a normal component of the cahier's job before you started. Since this a seasonal store, what does the management do during the other seasons? If you could prove that lifting was not an essential duty of the other cashier's duties then you may have a claim. However, even if you have a claim, if you were only hired as a seasonal employee, then your lost income would be minimal & so would your claim. So it would probably not be worth pursuing.

** Note: This is a general discussion of the subject matter of your question and not legal advice. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

A number of points. 1) You may not count as a "qualified disabled individual". You need to find out what the "fine print" is on this since the company may, as sick as it might be, have an out in this regard. 2) If the company didn't indicate that heavy lifting was part of the job when they hired you, it seems as though they were negligent. 3) If the job didn't initially entail heavy lifting and things changed, after you were hired, I don't think the company has the right to just change your job description without making some accommodation for you. The company's "out" might be if you're "on probation" (which most, if not all, new employees tend to be). 4) If "it's all heavy lifting" is an accurate quote, that implies the job entailed heavy lifting at the point you were hired and so we're back, even more strongly, to the company being negligent in not informing you. 5) If you saw people stocking the shelves, moving boxes around, that you did not see working in other positions, especially cashiering, then you would have no expectation that you might be expected to work "outside" of your specific job description. 6) While I understand your initially pitching in to help with the lifting (I'm inclined to do the same unless I REALLY feel ill-equipt or unable to do it) there's a chance the company will argue you tacitly agreed to the "new duty" by not initially objecting.

Answer 4

ok its legal they said your not preforming and the job obviously requires lifting if you cant lift you cannot work at that job its like a surgeon being asked to work on a patient and him saying he cant this requires lifting and you cant so whats the problem this job is not for you so why are trying to get this job back you cannot do preform satisfactory find another cashier job available sorry if sound harsh but that's life there are many cashiers jobs available (movies, grocery stores, convenience stores, etc)

Answer 5

get an employment lawyer and go from there. even though i am not a lawyer just a college degree in law, i do know that some states have employment at will. which means you can be fired without cause, except for discminations of protected classes, ie. race, gender, etc. but get a qualified lawyer and him/her. God bless you.

Answer 6

Contact the Board of Labor.

Answer 7

Have your read the job description thoroughly?

Is there anything anywhere about being required to lift such and such a weight?

If not, you may have some case, but I doubt it would go anywhere.

Answer 8

They were wrong in not telling you the job responsibilities up front. But if this job requires something that you cannot do, then yes... you'd have to quit I guess

Answer 9

First they can not force you to quit, only you can decide to quit. if you don't quit then you let them fire you.

If you quit you loose alot of your rights over being fired.

And yes if you can not do a major part of the job, and there is no accomidation that will help, then yes they can discharge you.
( you should have let them fire you)

Answer 10

contact the disability law center in your city, it may be a part of legal aid.......their attorneys work with ADA cases all the time and can tell you if your case has merit.