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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26694
Experience:  Began practicing law in 1992
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I am a mechanic by trade but a manager for vehicle maintenance

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I am a mechanic by trade but a manager for vehicle maintenance for a very large company
I had double hip replacements done in 2005. one of which i found out turned out to be a recalled stryker hip prosthesis. i did not pursue anything due to job security. i have lived with it since then but it has disabled me because over the last couple of years i can not walk or stand on it for long periods of time thus creating alot of pain. they also squeak. i strongly belive my boss wants me out. He recently told me i had to work physically as a master mechanic to help out in the garage. I told my boss i could not work or stand for long periods of time..he then told me to go to employer health for them to determine if i could work back on the floor knowing i told him i could not. my manager position has been an 80% sedentary position. i trouble shoot vehicles without having to physically work on them what do i do ? he appears to be trying to force me out of my job because i know i can not physically do this. I need some advice... do i need to seek lawyer consult? is he violating the ADA act? I also have a valid blue handicap placard since 2007 when my hips went downhill
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

How long have you worked in the position that is 80% sedentary?

Customer:

11years i had my hips done in 2005 they were hurting me prior to that for at least 3 years then i could not stand the pain anymore after my hips were done i could not physically work either abd sat at the desk

Dwayne B. :

I think you definitely need to look for a lawyer who does Employment Law, you can find one in your area at www.lawyers.com.

Dwayne B. :

The key here is that they are changing the job duties.

Dwayne B. :

If you could no longer do the essential functions of the job it would be different but in this case they are changing the job knowing you can't do it so that is quite different.

Customer:

i am not able to get in and out of cars/trucks/ambulances or underneath or standing over the engine without pain. i even need a shopping cart to hold onto at shoprite with pain

Dwayne B. :

I understand. If you can continue doing the job you have been doing for 11 years then what they are doing is discriminatory on its face. You can't change someone's job so that they can no longer do it.

Dwayne B. :

Are you still there?

Customer:

are you familar with the morristown nj area i have looked and do not know who is a good lawyer for employees there are so many listings. suggestions please? i have other issues iei had one of my employees ( 5 mechanics total) complain to HR that they were overworked and I was too demanding ...instead of them standing around i would tell them to go find other work to do until the parts they were waiting for arrived. he didn't like it. I had also told all the mechanics they were not allowed to play the radio while working because they were arguing over the loudness and most importantly they could not hear the vehicle engines if there were problmes.this emplyee also complained to hr that i sat in theoffice most of the time and did not help them out in the garage. while i was on vacation on a cruise in july HR called each one of them in for interviews without telling me. when i met with my boss the following week hr was their with these complaints written up.. i tried to verbally justify nut the hr rep and my boss who was present did not want to hear it and just told me to sign. i still do not know the full complaints made but at my company if i get another write up i am fired. i have worked for this company for almost 29years i am 55 yo every year i have recieved a perfect 3.0 evaluation up until 2 years ago of which i rec'd a 2.8 i have also rec'd manager's bonus awards for the last 10 years for meeting and exceeding expectations . i was nominated for manager of theyear 3 times by my emplyees over the last 5 years.

Customer:

i also know where all the skeletons have been buried with the exexcutives for getting freebies over the years

Dwayne B. :

No, I don't know anyone there and the website forbids us from giving specific referrals anyway. If you go to www.lawyers.com you should be able to find one there in your area though. You appear to have a very good case based on the facts you've given but you need to get a lawyer ASAP and have them get started. This is a lot like a chess game and you need to make a move now which will be sending them a letter outlining why this is disability discrimination but you want the lawyer to help you draft the document. You may also want to file your charge of discrimination with the EEOC now rather than waiting but, again, you will want the lawyers help in doing that.

Customer:

i have been told by employee health to do afollowup with a doctor about my hips. hereis my problem the md which did my hips in 2005 he yold me my only option was to get it redone so i did not return to him but instead just went to my general practice md for any problems associated. he just gave me a stronger version of advil non narcotic and ordered physical therapy which did not help. My general practice MD has now suddenly retired i do not know why. do i seek out the original orthopedic md who did my hips? or do i go to another oirthopedic dr? or will a lawyer be able to reccomend any follow orthopedic mds to use. the original dr is both socially and professionally involved with my immediate boss and my other boss who is in charge of HR

Dwayne B. :

Let the lawyer you hire make the recommendation as to which doctor to see. They will know which ones are better at this as well as which ones make better witnesses.

Customer:

Thank you very much for all your help. Much appreciation

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

you will absolutely be recieving excellent

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26694
Experience: Began practicing law in 1992
Dwayne B. and 9 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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