What to do if your employer puts you on job that you are physically unable to perform?

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What to do if your employer puts you on job that you are physically unable to perform?

A relative works for an alarm installation co. About a year ago he injured his knee on the job and had surgery as a result. Since then he returned to work but he is unable to climb stairs or ladders for extended periods of time. He spoke to someone from HR who told him they would try and work with him; however, it seems as though recently they have only been sending him on jobs that require he climb ladders. He has not asked for reduced hours or anything. His supervisor told him to quit if he couldn’t do the job. Should he quit does he have grounds to sue?

Asked on August 16, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The "Americans with Disabilities Act" created in 1990 is a federal laws applying to all states in this country and this country's territories. The law prohibits discrimination in the work place by an employer as to an employee regarding a physical or mental condition where "reasonable accomodations" by the employer are required to be implemented for the affected employee.

The provision is 42 U.S.C. section 12101 et. seq.

Your relative sustained an on the job injury at his current place of employement about a year ago where he most likely made a workers compensation claim. As a result of the injury, the relative cannot do the type of work pre-injury for an extended period of time, but can still do acceptable work for his employer.

His employer needs to accomodate his current physical condition. Your relative needs to speak with human resources at his place of work assuming there is such a department or his immediate supervisor. If there is no resolution to this situation, he should consult with the local labor department and/or a labor attorney.

Good luck.

 


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