Can they fire my husband?!?

[haleybee]

What is the name of your state (only U.S. law)? Wisconsin

Hi all,

My husband works for a larger scale company where you must have a current CDL to be employed. My husband 4 months ago had blackouts related to a sinus infection and the DOT pulled his CDL. He can retain his CDL within 1 year if he has no episodes of blackouts per DOT laws. The employer has been paying him disability bi-weekly for the entire 4 months. My husband has been released to work with no restrictions and drive a car. His employer has not allowed him back to work unless he has an active CDL. My husband primarily stays in the shop but occasionally goes on the road utilizing his CDL. The company does not have a defined position for employees who stay in the shop, but could possibly create one under the circumstances. Would that count as an accommodation even at a pay decrease? Our family solely relies on his income to live. I have a few questions that I need answers to..
1. Can they fire him while he is on disability?
2. If so, how long with he stay on disability through his employer?
3. Does he qualify for the Americans with Disabilities Act?
4. Would he be able to request an accommodation and would they be required to oblige?

Thank you so much!

 

[cbg]

1.) Yes, if he is out of protected medical leave time
2.) That will depend on the terms of his disability plan.
3.) That's not for anyone here to say, but even if he does, the ADA does not prohibit them from firing him if he is unable to do his job with or without a reasonable accommodation
4.) He can request an accommodation and they would be obligated to investigate and see whether or not it is possible to reasonably accommodate him. Please keep in mind that the EEOC does not require that they create a job for him within his restrictions and does not require them to hold his job indefinitely. Neither of those is considered reasonable.