Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I had shoulder surgery doctor let me go back to work light…

I had shoulder surgery...

I had shoulder surgery doctor let me go back to work light duty superviser put me in situations that interfered with my healing HR has put me on long term disability can't go back until I can do my job fully I know have numbness in my arm down to the fingers headaches what can be done

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

Orgegon

Lawyer's Assistant: Has anything been filed or reported?

I have my union involved this is not a workmen comp

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

Like what?

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Customer reply replied 1 month ago
sure review

Thanks so much for you patience.

I’m sorry to hear about your situations. Under the Americans with Disabilities Act, employers are required to provide their employees with reasonable accommodations. According to the U.S. government:

“A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”

An employer also cannot take negative employment action against an employee for asserting their ADA rights. During an application for a job, an employer can ask if you can perform the duties of the job with or without reasonable accommodation, but they can’t ask you about your disability. An employer can refuse to hire if the nature of the disability would pose an objective and unreasonable risk to the employee or others.

If an employee feels as if they have been discriminated against, then they can file a discrimination complaint with the Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one.

In your case, it is possible that you were discriminated against because of your disability. The reason I say this is because they didn't seem to provide you reasonable accommodations to help you deal with your healing.

In addition, if there is any additional harm, then you could sue your employer for negligence or file a worker's compensation claim if the injury was made worse by the employer's actions.

What other questions did you have for me today that I can help you out with:-)?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Phone call session started

Hello! I see that you requested a phone call. That’s great news! I have just one caller ahead of you, but you will be live on the phone with me in about 30 minutes.

Ask Your Own Legal Question

This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

Ask Your Own Legal Question
Customer reply replied 25 days ago
Posted by JustAnswer at customer's request)
Good morning thank you for the advise myself and two union reps talked with HR i asked for my job back and back pay from when they put me on long term disiablity i have been released fuul duty fours a day for two weeks there letting me come back another area and instead of starting at 630am i start 5pm in a different area with more floors on my job i have two floors just wanted to give you an up date and thank you again for your patients and beinging so kind hope you have a great day

I'm so glad to hear about that. I'm glad that you advocated so well for yourself. Best of luck to you!

Ask Your Own Legal Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
10,380 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I just got my letter from District Court they're trying to
I just got my letter from District Court they're trying to charge me with aggravated stalking… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Can I file a civil action for failure to promote against my
can I file a civil action for failure to promote against my employer … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
About evidences for civil district court. Can "character
Hi! About evidences for civil district court.Can "character evidence" be introduced at the day of trial, rather than the discovery period? I ask because the character evidences I have (text messages) … read more
Sean K
Sean K
Attorney/Member
JD
462 satisfied customers
I plan to sue in district court for tortious interference,
I plan to sue in district court for tortious interference, how much should I ask for? If it is too high, will the judge think it is a frivolous suit?… read more
Legal Eagle
Legal Eagle
Lawyer
10,380 satisfied customers
In federal court in a case with counterclaims does a
In federal court in a case with counterclaims does a stipulation to dismiss the case with prejudice also dismiss the counterclaims?… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
I have a US district court notice to appear for a violation
I have a US district court notice to appear for a violation of taking rocks from a national park. I am also getting a background check by a prospective employer. Will the violation show on my record p… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What is the Statute of Liimitations in Federal Court for
What is the Statute of Liimitations in Federal Court for when restitution payments will end. I was told by my attorney 20 yrs. ago that it woud end after 25 yrs. or when I turned 65yrs. I am presently… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
I owe back property taxes and a civil action has been
I owe back property taxes and a civil action has been commenced against me. How do i answer it. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was a bail bond agent (retired 7/1/2017) A district court
i was a bail bond agent (retired 7/1/2017) A district court waited 43 days after the defendant failed to appear. The court rules say the court "Shall" notify me-but does not give a time line. The dist… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I want to file a lawsuit prose in federal court under
i want to file a lawsuit prose in federal court under diversity of citizenship. The amount in controversy is over $100,000. The defendant is in Pennsylvania and I live in Florida. It is a breach of co… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,877 satisfied customers
I have a question, if a Civil Action lawsuit is brought
I have a question, if a Civil Action lawsuit is brought against a state employee, can the state legally provide the defendant wit an attorney? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
I need a FEDERAL LAWYER TO REPERENT ME IN A CIVIL ACTION. IN
i need a FEDERAL LAWYER TO REPERENT ME IN A CIVIL ACTION … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A procedural question - federal court and the filing of
A procedural question - federal court and the filing of amended complaints. When a judge has not yet ruled on your leave to file a SAC, and you might wish to replace the proposed SAC with a Second Ame… read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
If a case is removed from state court to federal court, then
If a case is removed from state court to federal court, then remanded back to state court, by the judge, and there is a federal question involved, can the defendant seek a dismissal on grounds of the … read more
Legal Eagle
Legal Eagle
Lawyer
10,380 satisfied customers
What is needed to answer a civil action against me. In the
What is needed to answer a civil action against me … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
The actual law that references civil actions and a statute
The actual law that references civil actions and a statute period of limitation is 735 ILCS 5/13-205 HERE IN ILLINOIS...I MADE A MOTION TO DISMISS ILLINOIS Case # ***** for failure show proof of a cla… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,877 satisfied customers
In Arizona does a juror in a civil action have the right to
In Arizona does a juror in a civil action have the right to submit written questions to the witnesses? Please provide citation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,826 satisfied customers
I have a civil Action Order for mutual civil Restraints. How
Hi ! I have a civil Action Order for mutual civil Restraints. How can i have this remove or dismiss … read more
Legal Eagle
Legal Eagle
Lawyer
10,380 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x