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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19949
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My husband has been off work due to an electrical short in

Customer Question

my husband has been off work due to an electrical short in his heart that caused him to black out at work in a safety meeting, he was then allowed to drive away , had to stop to lift a gate, had another incident same reason, wet his trousers, and decided to come home to change his clothes before returning to work. on his way home, he had another blackout,driving excessive speeds and went extremely fast over a set of very high train tracks.je was driving a company truck when it happened, no one was with him and only he was hurt
JA: What state is this in? And how old is the truck?
Customer: we are in ohio the truck is new 2015/16
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will verbal agreements the problem, in the truck accident my husband broke his back at T11 all the way through. .had someone tried to move him he would be paralyzed today. His boss said he never should have had the surgery, he'll never be the same again,,,anyway he's healed and released by the dr to be going back o work oct 15, but he was told he cant work in the building anymore, or be on their grounds, the insurance company says hes too big of a liability
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, sorry it was so long
Submitted: 4 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information. Can you please tell me what your specific legal question is? Also, is your husband in a union and was he terminated? What kind of work does your husband do and did he obtain a full release to perform all of his duties from his doctor? Has he had a pacemaker or other procedure done to repair the electrical problem in his heart? Please provide any additional information related to your question that would allow me to answer it.

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I see where you read my request for more information, but not where you responded. If you did attempt to respond, it did not come through to me. I will need that information in order to assist you. Once I receive it, I will respond as soon as I am available. If you no longer need assistance, you may contact the Site's customer service department and ask for a refund of any deposit you might have left with them. Thank you

Customer: replied 4 months ago.
My husband had an internal cardiac procedure for A Fib which has corrected the problem entirely. My husband is in management, in a salaried position with no manual labor involved. He manages the Telecommunications Division. He has been in this industry since he was 21 years old. He is not in a union. His employer has removed and sent home all of my husbands things from his office, a younger employee was given his office. He wants my husband to work from home but he now wants to renegotiate his salary. He is also taking away the company vehicle. He also says my husband would not be allowed on the company property, as he says at the request of the insurance company. No one else has been treated like this. There have been many employees who have had accidents, while under the influence of substances and the still drive the vehicles and still come on the property. And my husband simply got ill, it is wrong... he has been humiliated in front of his coworkers, and I believe he has been discriminated against by considering him disabled when his doctor says he is able to go back to work with no restrictions and they pull this. They have a few people working from home, but one was a DUI that lost a license for a couple of years and some part timers but because they chose to, my husband is being forced to..is this legal??? his boss wants to meet him Friday at noon ... We just found that out I told him not to agree to anything, not to sign anything, just listen and tell him he would think about it. He has to return t work Monday or forfeit his job... any advice would be appreciated Thanks...
Expert:  Marsha411JD replied 4 months ago.

Hello again and thank you for your reply. The situation, as you may expect, is complex and ultimately, your husband may want to sit down face to face with a local employment law attorney who handles discrimination cases on behalf of employees to discuss his case in detail to come up with a plan of how to handle this issue. I can only discuss the law as it relates to the issues you raised and not provide informed legal advice or opinions since we do not have an attorney-client relationship and I don't have all of the facts, including those in from the perspective of the employer.

But, in any event, although the position of the Company and insurance carrier is valid when it comes to your husband driving a Company vehicle (('ll discuss that in the following sentences), I doubt that the work from home decision is. What I mean by that is that the insurance company can decide that your husband's health and history make him ineligible under their vehicle policy. This is actually not uncommon and in many states, if the DMV knew of the driving incident, they would have suspended, at least temporarily, your husband's DL for what happened. Not because he was at fault, but because of the medical issue while driving. It is the law. So, the issue of not being able to drive the Company vehicle is not going to be something your husband can use in any way to claim discrimination unless he has proof that the insurance company has not either threatened to raise the company's rates or advised them that he is not a covered driver. It really doesn't matter what they have done in the case of other drivers, only that he had a medical event while driving.

However, as mentioned, as management, it really makes no sense to me, based solely on what you have told me, that the employer would limit his work to home. Of course, in an "at will" situation an employer generally always have the right to change the terms and conditions of employment, including duties, workplace and pay, but they cannot do so in a discriminatory fashion based on someone's disability, perceived or real, or their age. The age issue is much more difficult to establish. Under the law the only reason for the actions must be because he is over 40. Not an easy standard to meet. The disability issue is likely the more relevant one in this case.

In any event, even if your husband agrees to work as directed, any claim that he might have for disability discrimination will not be affected. So, if he needs a job, and has no other prospects, he might consider doing as directed right now. To pursue his discrimination claim, he will first have to file a formal discrimination complaint with his HR or EO office at work. If they cannot resolve it, then is when he can file a complaint with the EEOC. He may first want to have that meeting with a local attorney that I mentioned above though to get a sense of whether he should just let the EEOC try to resolve the case or consider filing suit. His employer cannot lawfully take an adverse action against him for filing his complaint or filing suit.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 14th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.