My question for today, I was injure a 3 months ago with a Achilles tendon problem. So so for the last month and a half I was given a medical Boop to wear. Like a good employee I go to my doctors appointments, take my prescriptions like I'm supposed to and try to work from home or from the office. Because I am a contractor for the Air Force the company that holds the contract had decided that there is no room for me because of my injury. In the last week or so it seems like the company has tried to get me to reapply my old company that I left. And the SKUs that they give me is the contract that they have for the Air Force does not allow for light duty work or a case defying what is light-duty.So at this time I'm considering prepare myself for even the company to ask for separation or terminating the because of medical reasons. I don't know this is a good thing or bad thing but I do know that one of my coworkers just had ACL surgery and walking with a limp and they have not asked him to step down.So my question is what are my options if they asked me to step down or separate from the company?
State/Country relating to question: Texas
Nothing at this time, document all doctors appointments and verified that I shall work on time.
Unfortunately, because you are a contractor and not an employee, the Americans with Disabilities Act does not provide you protection. Furthermore, even if you were an employee, you would have to prove a permanent disability to obtain protection under the ADA and this injury does not sound like it is permanent. Even if there is a co-worker who is still working, you would have to prove that you are being treated differently by your EMPLOYER, not the contracting client, based on your age/race/sex (disability is out because you do not have a permanent disability) in order to have any claim against them. As a contractor you have limited rights and those rights are circumscribed by the terms in your contract and you do not have the same rights as an employee would have when it comes to the ADA, even assuming that your injury was a permanent injury. Thus your options are limited and if you are not able to work and they have no limited duty positions, you will have no real choice but to step down.
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thank you for your reply, maybe I made a mistake by saying, contractor. the company I work for is the contractor for the United States Air Force. You correct my injury is not a permanent disability in he can be fixed through surgery. I guess what my question is can the company asked me to step down from my position due to injury sustained at client work site? or could a company terminate a employee if he or she is hurt while performing their duties?
Unfortunately, the employer can terminate an employee with a temporary disability and does not have to provide light duty. The only potential claim you have here is if they have treated the other employee differently based only on their age/race/sex. If the employer merely proves that they had no other light duty positions, then you would have no case. However, an employer can terminate someone even though they were injured at work if they are not able to return within 12 weeks from their injury.
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