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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12467
Experience:  Significant experience in all areas of employment law.
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I was told that I was being moved from the alzheimers unit

Customer Question

I was told that I was being moved from the alzheimers unit that I have worked on for 13 yrs and 8 months and was told I was being assigned to a very difficult medicare wing plus one half of another hall. They know I'm not physically able to do this. I believe it may be retaliation from a grievence I filed against an employed that is one of the director of nurses " babies" I have heard that the director and the other person were talking about my grievence and laughing about it. I refused the new assignment due to I know I'm physically unable to do the job. I'm forced to self terminate. Do I have a possible case?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Are you physically unable to do this assignment because of a disability or what exactly? Have you informed your employer that you are physically unable to do the job? Have you asked for accommodations that would enable you to do it?
If you could answer these questions that would be very helpful. I very much look forward to helping you on this matter.
Customer: replied 2 years ago.
My supervisors know of my limitations. I had cut back to 4 days a week months ago. The person who made that decision is the head of the mgmt company that owns us. I had breast cancer 10 yrs ago and the treatment took my stamina and I have liver problems now.
Expert:  Patrick, Esq. replied 2 years ago.
Thank you.
If you can cite to a specific medical condition which renders you unable to perform the job tasks that will be necessary of you in the new unit, then you might be protected under the Americans With Disabilities Act. The ADA requires your employer to "reasonably accommodate" your disability. Reasonable accommodations may include bringing you back to your original unit or modifying the hours and/or responsibilities you will have in the new unit so that they are manageable for you.
However, in order for your employer's obligations under the ADA to be triggered, you need to inform them that you have a disability and that you need reasonable accommodations. You cannot simply quit your job in response to the transfer. By quitting, you are cutting off any rights you may have and essentially giving your employer a free pass. You do not want to quit.
Instead, you want to speak to your physician and figure out what your underlying medical issue is here so that an accurate label can be put on it. Simply being "unable to do the job" is not a 'disability" -- you need a specific medical diagnosis. Then, with a better understanding of your medical diagnosis, you want to inform your employer in writing that you have a disability and request reasonable accommodations. Your employer is then obligated to engage in a good faith interactive process with you to determine what they can do to make your job manageable.
Another action you can take if you believe that the transfer was retaliatory for filing a grievance is to file a new grievance through your union on this ground. Again, though, you do not want to simply quit without attempting to work any of this out first. Quitting will basically cut off all your rights and leave you with unemployed with no legal recourse.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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