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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17252
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I was on disability for spinal bone spurs and disk problems

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I was on disability for spinal bone spurs and disk problems Nov 2010 - Feb 2011. I worked at least 32 hours for several months working up to my normal 40 hours/ week. Yesterday, the HR person came to my desk and said that the company was worried about my pain and that I needed to take unpaid suspension until they determined I was fit for duty.I was forced to leave and they have made an appt with a social worker for Monday for me, with other doctors appts at their request. I have no idea why this is being done but I did file an EEOC complaint against my manager prior to this, I don't know if that is related. Do they have the right to deny me employment at their will until they decide that I am fit for duty without any cause?

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

It seems to me you may have a disability discrimination case,

wallstreetesq. :

If you have a disability and were able to perform your regular duties,

wallstreetesq. :

at worst they should have suggested to you, that you may need reasonable accomodations, as per the ADA

wallstreetesq. :

If you filed a previous EEOC complaint,

wallstreetesq. :

their action may be retaliation as well,

wallstreetesq. :

I would file another EEOC complaint, and at this point consider speaking to an employment attorney about possible litigation

Customer:

Is the new EEOC complaint about retaliation or something else?

wallstreetesq. :

It is about disability discrimination, and retaliation

Customer:

they forced me to sign a fit for duty statement before I left...I don't know what I signed, but he made me sign it while I kept asking why I had to leave

Customer:

I was very uset as you can imagine

Customer:

I also was scheduled for a very important trip for work that they said I could not go to for next week

wallstreetesq. :

You should argue that you were coerced to sign the document, and that you were fit to work,

Customer:

I said I would go to the social worker but I wanted to go on my business trip

Customer:

but they denied me

wallstreetesq. :

I would send a letter to HR, stating that their actions is a clear violation of the American Disabilities Act,

wallstreetesq. :

and that you will be filing a retaliation and discrimination claim against them

wallstreetesq. :

Thank you for your time, if you have another question do not hesitate to ask.

If satisfied please press the green accept button, thank you again.

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