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I have a friend who is housekeeping manager at a hotel. She…

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I have a friend who...
I have a friend who is housekeeping manager at a hotel. She has done the job for 6 years. She has been a manager at other hotels for at least 7+ years previously.
She broke her ankle this summer and took some time off for surgery and let it heal.
Her boss begged her to come back to work so she did with a walking cast/boot on. She did this for 2 months then her boss of 6 years got a different job and left. New corporate. management came in and told her she was a liability and had to leave.it was like she was at work and in 5 minutes she was leaving.
They said she still has a job but she can't return to work untill she is 100 percent. They are giving her no hours but say she still has a job.
She was able to do most of her job, I'm not sure to what extent but she is the manager. She is able to most duties like fold sheets, and wash bedding, and things a manager can do, like scheduling, ordering and what else managers do.
She filed unemployment and it sounds like she won't get it, we are not sure yet, won't find out for a few days. It's been 3+ weeks and excuses for why she has not received unemployment benefits are making me wonder if she will even get them.
I think the company with new management want her out so they can start new and figure they won't give any hours so she has to quit (Just speculating) . She can't afford not to be working.
I don't know if there is anything like disability she can file.
I don't want to see her lose everything. Thanks
Submitted: 3 months ago.Category: Employment Law
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Answered in 27 minutes by:
12/25/2017
Employment Lawyer: Gerald, Esq, Attorney replied 3 months ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,102
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Employment Lawyer: Gerald, Esq, Attorney replied 3 months ago

Hello,

Thank you for your patience and 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.

1) She should qualify for unemployment benefits because she has been denied work through no fault of her own. When an employee is effectively laid off they are entitled to unemployment benefits.

2) She may be qualified under the Americans with Disabilities Act for an accommodation and employment by her employer. Their denial of work to her when she can perform the duties can be a violation of the Americans with Disabilities Act even though the injury is temporary. Recent changes to the law provides some coverage for temporary disabilities.

See:

http://www.ca4.uscourts.gov/Opinions/Published/131645.P.pdf

Your friend may wish to contact the Minnesota Department of Human Rights:

https://mn.gov/mdhr/intake/first-step/

They may be able to get her her work back and possibly backpay.

She can also file a federal complaint:

https://www.ada.gov/filing_complaint.htm

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.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but 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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Customer reply replied 3 months ago
Thank you for your fast response, I will pass this info onto my friend, may have follow up question.
Employment Lawyer: Gerald, Esq, Attorney replied 3 months ago
Excellent.
Kind regards,
Gerald
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