How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 28802
Experience:  Former judicial law clerk, lawyer
26798026
Type Your Employment Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

My business has put me on disability because I couldnt stand

Customer Question

My business has put me on disability because I couldnt stand on me feet for 8 hours. I cant live on disability. I have been offered a new job sitting down. Ui should be able to keep my disability and work as well?
Submitted: 5 months ago.
Category: Employment Law
Customer: replied 5 months ago.
I work in a hostile work environment for 3 years. And was put through some demoralizing situations.
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

When you say you're on Disability, is that through Social Security or a private insurance provided by your employer?

Can you tell me a little more about the types of things your employer is doing? Are these things that occurred after you told them that you can't stand for 8 hours a day?

Customer: replied 5 months ago.
It is the company I was working for.
Expert:  Lucy, Esq. replied 5 months ago.

Thank you.

Can you tell me a little more about the types of things your employer is doing? Are these things that occurred after you told them that you can't stand for 8 hours a day?

Customer: replied 5 months ago.
No the hostile work enviroment had been going on for about 3 years prior.
Expert:  Lucy, Esq. replied 5 months ago.

In order to evaluate whether you have any sort of cause of action against your employer for a hostile work environment, I'm afraid I really do need you to tell me what they've been doing. That's why I asked. Hostile work environment would be a separate cause of action that could carry punitive damages if you're being discriminated against because of your race, gender, or disability. But I understand if you'd prefer not to talk about it; we can still talk about the insurance.

Generally, when a person applies for disability coverage they are saying "I am physically incapable of working." That means, if you were to start working elsewhere while receiving disability, they could find that you're no longer eligible for payments. Worse, they might investigate whether you were truly disabled when you received the payments. What you'll have to do is read through the insurance policy. Sometimes, you'll be allowed to work a certain number of hours or certain types of tasks without losing your disability benefits. But it depends 100% on what the policy says, because there isn't a general right to disability payments outside what is authorized by that contract (until you qualify for SSDI).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 5 months ago.
They had a meeting about the hostile work enviroment and let one of the girls go. But it never stopped. The would make a big deal out of any little error i had. They would announce it through the whole lab. They wrote down every little error but did not do that with the rest of the girls. They drug tested me twice and said I was not fit for duty even though they never found anything. The last time the man who was performing my urine test took me to the restroom and when I couldn't urinate would yell for me to come out and drink some more water. The lsst time he took me yo the waiting room restroom in front of my coworker and patient and preceded to yell at that reatroom door. I do have a witness she was so mad she couldnt see straight.
Expert:  Lucy, Esq. replied 5 months ago.

That's awful.

If they're targeting you because you have a medical condition, that's illegal. You can file a complaint with the Equal Employment Opportunity Commission, asking them to send you what is called a "Right to Sue" letter.

https://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm

Any local attorney could help you with that. If you win a disability discrimination claim against your employer, they can be ordered to pay your attorney's fees, so it might be worth looking for someone to represent you. Most lawyers who do these cases take them on contingency, which means you only pay if you win.

Expert:  Lucy, Esq. replied 5 months ago.

Did you have any other questions about this?