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ADA Question

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smblkc

Member
What is the name of your state? OH

I apologize if this is in the wrong area.... My scenario is this: I am a disabled worker and gained employment last year on a part-time basis with a very large retail organization. Since my employment, however, my doctor has imposed some rather strict restrictions. I went ahead and filed ADA paperwork due to these restrictions....

Since this has happened, the employer denied my ADA request and has put me on a leave of absence, stating that meeting my restrictions would be "unreasonable." I understand that at the time of hiring, I signed off that I could do the essential functions (the biggest limitation is a stipulation of no lifting over 10 pounds, and the job description says 40 pounds). However, there apparently is no other position there that meets my restrictions.

What I would like to know is if there is anything that can be done to retain my employment (preferably in my current position), and can my employer rightfully terminate me or force my resignation? I have scheduled a meeting with the local BVR office, but that is still a little ways off.

Thank you for any input.
 


cbg

I'm a Northern Girl
IF there is no REASONABLE accomodation that will allow you to perform the essential functions of your position, and there is no other position for which you are qualified that meets your restrictions, your employer may legally terminate your employment.

I am making no judgement on whether your employer is right or wrong; just telling you the circumstances under which you can be terminated.
 

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