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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am an employee with a contractor, hauling mail ,

Customer Question

I am an employee with a contractor, hauling mail for USPS, have been with MTI almost 7 yrs., I turned 83 the 3rd of May, in excellent health, on April 6 I had a dizzy spell, went to a Dr. on the 7th, he said it was an inner ear infection, wrote a prescription, sent me on my way, on the 17th I had a light reoccurrence, called my supervisor to report it, was advised to take a few days off to see the DOT Dr. to get a note stating it was OK to return to work, the Dr. sent me to the VA for a series of tests, one can't get an apt. quickly at the VA, it has taken a while to complete these test, I passed them all. When I called my super to tell him I was ready to return to work, was advised I would be on the extra list, I stated I wanted my old run back, I have been on it almost 5 yrs., he said no, do I have recourse? ***** *****,***@******.***
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
James, unfortunately, though federal law does protect individuals from discrimination based on both age and disability (illness) issues, it does not mandate that the person has to return to their exact job duties that they maintained prior to their absence. The employer must only make reasonable accommodation. In the present case, as long as they do not touch your pay or benefits and as long as the new job is not considered to be an unreasonable change or departure from your previous duties, then the employer is legally allowed to do what they have done. Under the present circumstances, based on what you have shared with me, the employer is allowed to take this stance and remove you from your previous route, as long as they is no change to your pay, etc. Let me know if you have any other questions or comments. Please also rate my response positively, while understanding that I am obligated to convey the legal reality of the situation. I wish I had better news. Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
Did you guys have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks
Expert:  Delta-Lawyer replied 1 year ago.
Just checking in one last time to make sure all is well. Let me know if you need anything else.

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