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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I was hurt on the job August 6th 2014. My back was injured

Customer Question

I was hurt on the job August 6th 2014. My back was injured and Workmans Comp has been covering the medical bills from the injury. I was no longer able to do the job I was doing so the cooperation put me in another job that lasted approximately a year. When that job was coming to an end they put me in another job with the understanding that I could not do all those responsibilities so they replaced those with other responsibilities. I have been doing this job for 2 years with perfect performance evaluations. On Aug. 1st I was called in and suspended. Their reason for suspending me is that I was not able to do everything on the job description that belonged to that position. Now they are asking for an accommodation committee to meet and decide if they would make accommodations for the job I have been doing for two years. They are not paying me during this suspension. Now they are telling me to apply for FMLA. Is that legal and what reason do I put on the FMLA papers? I was suspended?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 3 months ago.

Under the Americans with Disabilities Act, employers must "reasonable accommodate" employees with disabilities. Reasonable accommodations may include a modification in job description or a change in job. However, employers are only required to offer accommodations that do not impose "undue hardship" on the company. Accommodations which impose undue hardship are not, by definition, "reasonable."

So the question here is whether your employer could have continued to reasonably accommodate you rather than taking you off work. However, if you were unable to perform essential functions of the position, and if there was no way to accommodate you in a manner that allowed you to perform those functions and no other available position that they could move you into, it is likely that they have no further duty to accommodate you. Simply put, there is nothing more they can reasonably do that would enable you to perform the essential requirements of your position.

You could file a complaint with the EEOC and have them investigate whether your employer could have continued to reasonably accommodate you. This is a protected activity, meaning your employer cannot retaliate against you for it.

In the mean time, it would be prudent to apply for FMLA as that is what will protect your job while you are off work. You don't need to put a "reason" on the FMLA papers, you just need your doctor to certify that you are suffering from a serious health condition.

I hope this addresses your concerns. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....