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My son just started orientation for a corrections officer…

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My son just started...

My son just started orientation for a corrections officer job in Prince Georges County jail. Prior to starting work, he had some issues with his heart and the Prince Georges County Jail doctor finally cleared him. They also made him go to a personal cardiologist who cleared him. My son went in for orientation on yesterday. Today he went for training and he started having medical issues. He said that he could not breathe and he blacked out for about 2 seconds. He said that the exercise instructor was making them do 50 push ups every time one of the members of the class did something wrong. He said that altogether everyone did 300 push ups today He said that the exercises the instructor was requiring them to do was very strenuous and when my son said he did not feel good, he was sent to the office. The HR person requested him to tender his resignation.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

It is in Maryland.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

How can I find out?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know if my son can withdraw his resignation and request a job that does not require as much physical exertion. He was offered the job of corrections officer and I am not sure that he can request anything else.

Submitted: 6 months ago.Category: Employment Law
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Answered in 1 hour by:
11/28/2017
Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,878
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your question. Although your son can certainly ask the employer if they have a job that he would qualify for with his physical limitations, that would mean that his resignation from this other job would be inappropriate. In other words, they are asking him to resign from this job, which is the one he was hired for. They aren't under a legal duty to give him another job, but they might chose to if he qualifies for a different position.

All that said, an employee never has to submit and resignation and should generally always make the employer take the affirmative action of termination. That is because of the legal difference between resigning and being terminated, especially in cases where unemployment benefits are at issue, which is not the case here, but just something to keep in mind for the future.

Also, the employer can be asked in many cases to provide accommodations to someone who qualifies under the ADA, which your son would. Those accommodations could include a variety of things involving physical activities. However, the employee must still be able to perform the essential functions of the job, even with the accommodation. Even if the essential functions of the job can be done by the employee with an accommodation, the employer can deny the accommodation if it would cause an undue hardship on the employer.

Am I mentioning this because your son could mention the accommodation issue to his HR department. It is unlikely though, based on what you say, that he can perform the essential functions of the job. But, something to consider. Ultimately, he may want to speak to a local employment law attorney who deals with disability discrimination cases to see if, after reviewing all of the facts, they think there is anything there to pursue.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question and also leave a positive rating of my efforts to discuss the law as it relates to your son's situation, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 6 months ago
Can my son withdraw his resignation? He is unskilled in these matters and when the Huan Resources person asked him to resign, he did so. Can you recommend the approach he should take to handle this matter so that it works on his favor?
Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago

No. I believe I covered the approaches he can take in my initial answer and I might ask that you reread that response. However, to summarize, he can ask HR if they have a different job and mention his disability and ask for an accommodation in the form of work he is capable of doing. But, they don't have to accommodate him or find another job for him.

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Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 28th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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