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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37584
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have epilepsy - last year in March I was in a near fatal

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I have epilepsy - last year in March I was in a near fatal car accident and could not work for 11 months. I had been seizure free until the break through seizure that caused the wreck so I can no longer drive. I am a Teacher's Aide (4 years) - when my long term disability ended my employer (a school district) said I still had a position but when I asked for a reaonable accommodation to be transferred to a school that is only two blocks from my house so I could walk they told me I had to apply - I did and was turned down. Now they tell me the person that took my place at the other school is doing a great job and if I come back they will have to be transferred - but I could have that job (at a school more than five miles away) and a volatile situation if they want the other employee to stay. I think they are trying to force me to quit.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with you concern.

Just to be clear, has the school formally terminated your current position at the current school? Or they promised a different position, did not provide it, and are now not providing that original position you had either?
Customer: replied 1 year ago.

They promised me my same position (at the school 5 miles away) but they are telling me that if I come back the person that "replaced" me is doing a great job and that they would have to be transferred. I have been released to go back to work since February (with a doctor's release) and they said they didn't have a position then because no one quits at the end of the year. Now its summer - school starts back in August and I requested to be placed at a school closer so I could walk and they said I didn't do well in the interview but I could still have the job 5 miles away. If they are "holding" my position as they said they did then I don't understand why they can't just transfer me instead - this is a very large school district. I might add I've been paying $684.00 for health insurance because they were "holding" my job.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Derrick. To ensure I do not miss anything, I will go line by line with my responses.

They promised me my same position (at the school 5 miles away) but they are telling me that if I come back the person that "replaced" me is doing a great job and that they would have to be transferred.
That does not concern you and is not your problem. If they do wish to keep the temporary worker (and that is really who that person is, a temporary replacement), that is their choice but you would be entitled to your position or an equivalent position from them.

I have been released to go back to work since February (with a doctor's release) and they said they didn't have a position then because no one quits at the end of the year. Now its summer - school starts back in August and I requested to be placed at a school closer so I could walk and they said I didn't do well in the interview but I could still have the job 5 miles away. If they are "holding" my position as they said they did then I don't understand why they can't just transfer me instead - this is a very large school district.
That is because a transfer is still very much at their discretion. A 'reasonable' accommodation may not always require a relocation if that is somehow not reasonable or something the employer can provide. "Reasonable accommodation" is up to the employer to define, and most do not consider relocations as reasonable.

I might add I've been paying $684.00 for health insurance because they were "holding" my job.
I am sorry to hear that. But that is only in your favor, it shows that you can demand that they provide with your initial position as stated.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37584
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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