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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Disability attorney, I am frequently told by my employer

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Disability attorney,

I am frequently told by my employer to do tasks
that exceed my abilities as a disabled person. I am a disabled Vietnam Veteran with arthritis and have had two heart attacks. My employer will send me on jobs to lift and carry furniture that exceed my safe limitations and leave thirty year old fully capable men in the shop just because they do not want to go out that day. I have always had a high work ethic and do not feel comfortable complaining but the employer has told me that he understands and will work with me but in reality it does not happen. Where do I stand and what can I do ?
Thank you for your question. Please permit me to assist you with your concerns.

Is the employer expressly aware of all these limitations, or is the employer aware that you have some disabilities but does not know the extend of what your limitations may be?
Customer: replied 3 years ago.

Yes, Aware of the limitations but chooses to down play them because I am and have always been someone who does not complain and pushes, I admiy, too hard.


Thank you for your follow-up. If you do not complain or push, then the employer can legitimately assume that you are able to perform what is being requested. Consequently I strongly suggest that you learn to say 'no' and politely explain tot he employer what you can or cannot do. It is extremely hard to say 'no', but the only person who can stand up for yourself is you--and here the attorney would be less helpful if the employer can show that you performed those tasks in the past--you have to go on record and formally state that you CANNOT do it so that you can build a potential paper trail if needed so that if the employer continues to press the same issues, you obtain recourse. But you must go on record and state that the requests against you are somehow unreasonable and violate your impairment limitations.

Good luck.

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