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legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 7419
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Hired into a company as part time and after 3 weeks of

Customer Question

Hired into a company as part time and after 3 weeks of employment I was prescribed a back brace for support due to bulging discs. The night after I received it is was scheduled to work a Chamber of Commerce opening. I wore the brace, worked my scheduled hours and went home. The next day was our soft opening to the public, I was scheduled 7:45 am, showed up and began working. At 9 am when more cashiers came in I was approached by my asst. Mngr and brought to an office where I was questioned about the brace. I explained it was for support only, and I had no restrictions. Was told they couldn't have me wearing it because customers would think I was being forced to work in pain. I offered to remove brace and continue my job , was told they could not allow that since they now knew I needed it. I was given a work release form to give my doctor and sent home until said form was returned. After the former was filled out and returned, I was told by another mngr that it was great and to report for duty as scheduled open to close two days later. Within 20 minutes of me leaving I received a phone call from another asst mngr telling me I needed to come back in with my brace so they could photograph me and it to send to corporate for approval before I could come back to work. The following day yet another asst mngr called and said that more info was needed from my doctor and they wanted me to come pick up a new form for him to fill out. I contacted doctors office and the nurse explained the doctor was out of that office until following week, I explained to her what they now needed and she said she could add the information to they copy they had and fax it to corporate. Heard nothing from employer for 6 days . On day 6 asst mngr called and said info was still inadequate and that they needed doctor to put on form that I was released with restrictions, I explained I had none but I was told that corporate considered my brace a restriction and would need to re-evaluate if I was now employable or not. I have waited for any response from them and have yet to hear. I asked a couple worker if I was even on schedule and was informed I no longer am on it. I have not been formally fired and I have not quit, I was told by a few people that they are in violation of the ADA is this true? What are my options at this point?
Submitted: 1 month ago.
Category: Employment Law
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

I am sorry to hear that on top of the physical issues you are experiencing work issues;

fortunately the ADA is applicable to conditions that have been documented by a medical provider and that involves one's physical or mental state, so long as the condition is not temporary with no residual affects (ie a broken bone that will heal without issue). If an employee has a qualifying condition, then the employer must make a reasonable accommodation for that condition. The employee must bre able to perform the essential functions of their job description, and not expose themselves or others to an undue risk of harm. A perceived/unfounded fear of liability by the employer, or concern as to what customers may "think" is not justifiable grounds.

For ADA cases, the first general step is to hire an ADA attorney to write a request to the employer, including the medical note, requesting reasonable accommodation for one's condition. If the employer refuses to accommodate, or terminates the employee, the next step is to sue. However, often times once an attorney is involved, it will increase the employer's willingness to accommodate the employer- because then the perceived liability is more concrete - of an ADA lawsuit.

Please see the act here:

https://www.eeoc.gov/eeoc/publications/fs-ada.cfm

And also please see here

You can contact the following for possible referrals:

here

here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 month ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!