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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 3920
Experience:  30 years of experience
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Q I am a pharmacist in the state of who graduated in 1978.

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Q I am a pharmacist in the state of who graduated in 1978. At that time we're were not trained to injections .as a matter of fact thatttt was not even thought of. Now the company I have worked for thirty years has said I have a year to learn to give shots or I will be terminated the problem is I have a phobia of needles. IV administration and injections cause me to pass out. Get nauseated sometimes actually vomiting. I break out in a sweat and get short of breathe. This was not part of my employment description when I was fired. I figure if I got a doctors note saying I can't do it they will create some trumped up charge to fire me anyway . Do I have any legal recourse that might actual at least allow compensation
Submitted: 1 year ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. You should consider filing an American's With Disabilities Act claim with your Human Resources Department. Phobias can be covered under the ADA if it effects certain aspects of your ability to do your job. If you can sustain an ADA claim your employer must provide you with a reasonable accommodation as required by the law. That accommodation can be that you are excused from certain tasks, especially if there other employees who can take up the slack in regard to that task. Also once you file for the accommodation under the ADA you have additional protections against retaliation by your employer. In other words if your employer fires you, demotes you, or takes any other action that could be punitive or negative to you then you would have the ability to file claims against your employer for doing so. Your employer could face significant liability for violating your rights under the ADA by either refusing you the accommodation or by taking retaliatory action. One critical point however, YOU MUST ASK FOR the accommodation under the ADA. If you do not specifically ask then your employer has a free hand. This link explains how to make a proper ADA Accommodation request: https://askjan.org/Eeguide/EeGuide.pdf Please read this article for more information on this issue: http://www.workforce.com/articles/21540-phobias-can-be-frightening-for-hr I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald

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