I currently work for a major corporation, and I am currently on light duty do to a severe knee problem. I can no longer do the job that I was hired for, but my doctor released me to light duty and I just received a letter from the HR department saying that I will be terminated in 2 weeks because it is company policy that you cannot be on medical leave (which they consider light duty) for more than 6 months. And also if it matters, I will be receiving some pay through their insurance company, but it is very minimal (not enough to live on) and all I really want is to keep my job. Any lawyers in the house?
2007-05-18 18:03:42 · 9 answers · asked by Ricky M 2 in Politics & Government ➔ Law & Ethics
The federal law that may provide protection in the situation you describe is the Americans with Disabilities Act. It applies to employers with at least 15 employees. It only protects people who qualify as "disabled" under the definition in the act. It is often quite difficult to meet this definition. If you are disabled within the meaning of the Act, you have many protections-- among them are to be reassigned to another position for which you are qualified. I'm betting that your employer is planning to argue that you are not disabled under the meaning of the Act. To be disabled, you must have a physical or mental impairment that substantially limits you from performing one or more major life activities. You can't read this definition with common sense and determine whether you will qualify, it is far more complicated than you would think.
You should see a lawyer, go to the EEOC website (www.eeoc.gov), and contact whatever state agency provides assistance to people with these kinds of problems. You should definitely research this further and consult a lawyer specializing in employment law; however, don't get your hopes up too high.
2007-05-18 21:13:30 · answer #1 · answered by soluzione 2 · 0⤊ 0⤋
at will states.....employees still have rights. Were you on short term disability? Worker's Comp?
Is your pay rate higher than what some one would be paid to do the light duty job? Could be about money and company politics.
Call a labor attorney for a consult. There is information missing from your question.
2007-05-18 19:18:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
"Light duty" is a temporary condition. More than six months can be considered a permanent disability. If you've been on light duty for more than six months, you are either permanently disabled or a malingerer. Either way, they aren't required to keep you working.
If you truly are disabled, then you need to file for disability. They are well within their rights to force the issue, as they may have to pay for work related injuries for an extended period. Knowing their true liability allows them to budget for this. On the other hand, permanent disability may fall to their insurance carrier, thereby releasing them from the liability.
Just get on with it and get back to work or get declared disabled. You are milking the system.
2007-05-18 18:15:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You failed to mention which state.
In AZ it is a right to work state which means the company can fire you with or without cause and you can't really do anything about it.
In other states they can get into major issues for doing so. My best advice is to call a local lawyer and ask them
2007-05-18 18:08:24 · answer #4 · answered by ML 5 · 0⤊ 0⤋
If you are out on workers comp, then no they can not end your employment, if you are on disability, that means you have a disabilty that does not allow you to work and that will be long term. Normally you can't keep your job if you get disability.
2016-05-17 07:41:42 · answer #5 · answered by ? 3 · 0⤊ 0⤋
The company does have rights too.
They can't keep you on the payroll if you can't do the job for which you were hired.
That being said - you didn't say that the knee injury was a work-related injury.
If it was, then it's a worker comp issue - if not - then yes, they can fire you.
2007-05-18 18:12:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You need to see a lawyer. There are federal regulations that prohibit businesses from firing your due to certain illnesses (Family Medical Leave Act being chief among them). However, these don't cover everything. You should seek professional advice.
--Z--
2007-05-18 18:09:23 · answer #7 · answered by Z-Force920 3 · 0⤊ 0⤋
Get a lawyer,
2007-05-18 18:48:32 · answer #8 · answered by johN p. aka-Hey you. 7 · 0⤊ 0⤋
You really need to get an attorney.
It sounds like you should fight it.
2007-05-18 18:07:46 · answer #9 · answered by crusader rabbitt 5 · 0⤊ 0⤋