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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15468
Experience:  Employment/Labor Law Litigation
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does a company has the right to terminate a person on the ground

Customer Question

does a company has the right to terminate a person on the ground that i had a surgery and the recommendation after surgery is to better transfer me to another department since my illness is due to my current job? plase help
Submitted: 3 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 years ago.
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

If the termination is based on your trying to use Worker's compensation, then you can sue for WC discrimination.

But the problem that you have here is that the other law that may apply, the ADA, doesn't require that you be given a different job within the same organization. They only have to make reasonable accommodations within the job that you presently have, if they can be made.

If your employer has essentially been told that you can not physically do your job any longer, they don't have to move you to another job unless it already exists, is vacant and it's not a hardship for them. If you think that they easily could have moved you, then your claim is really an ADA claim with the EEOC.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15468
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 4 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

if ever there final decision is to terminate me? can i sue them in court?

Expert:  Allen M., Esq. replied 3 years ago.
You'd have to first go through the EEOC to establish the right to sue them in court.

If it appears that there is actually ADA discrimination (meaning they could have easily accommodate you), then yes you can sue them in court.
Customer: replied 3 years ago.

atty, sorry to ask you this.what is the meaning of ADA? actually im actually right now in abudhabi , aue.


thanks a lot in advance


 

Expert:  Allen M., Esq. replied 3 years ago.
The ADA is an American law called the American's with Disabilities Act.

It doesn't apply where you are. I'm sorry. You never indicated your location, which is a question that you could have answered when creating your profile.

In looking at your history, you never mention this in your questions.

You really need to let people know where you are so that we can give you accurate answers. I can't answer your question.

I will opt out and ask that your accept be refunded.
Customer: replied 3 years ago.

i see. thanks a lot for your time.

Expert:  Allen M., Esq. replied 3 years ago.
No problem. Take care.

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