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can i be fired if doctor says permenent light duty New York

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  • can i be fired if doctor says permenent light duty New York

    i work in a courier bussiness,like ups,fed ex dhl,i have been there for 8 years,i was hurt on the job in jan of this year,at the moment am on workcomp,the ortho doctor said i should leave the job because , i should not lift anything heavy,i have 2 hernaited discs,l-4,l-5,4mm. at the job there is light duty,i think i might be able to manage that,so if the dotor said ,permenant light duty.can the job fire me,we also have a union at the job.not to mention i also have a 30% loss of my wrist and hand and a 25% loss in my shoulder ,i broke my wrist and tore my shoulder muscle,both happenend on the job within the 8 years.please help any info would be greatly appreciated,thank you

  • #2
    What does your union contract say?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      well ,i havent read it,but i was looking for any info on my situation
      Last edited by rem; 06-23-2006, 08:53 AM.

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      • #4
        Your union contract will provide any benefits over and above what the law provides. We're assuming you're working under one. You need to check there first.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Legally, your employer does not have to provide light duty and permanent light duty is rarely considered reasonable under ADA. If your condition is permanent and rises to the level of a disability, your employer is obligated to offer a reasonable accomodation if it will enable you to perform the essential functions of your job. Transfer to a vacant position within your restrictions and for which you are qualified, may also be considered reasonable. If the light duty jobs are not intended for permanent placement, then it isn't reasonable to make it so for you.

          Whether your CBA offers more in the way of job protection or transfer, we can't answer. You'll have to read the agreement or check with your union.

          If this is the result of a work injury, you may qualify for job retraining or placement assistance through WC.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            thanks for the info,i just couldent see how my job or any job can fire someone after they got hurt on the job,wouldent that fall under the dissabilities act, thanks again for the feedback.

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            • #7
              A disability under the ADA is a condition/diagnosis that affects major life functions, such as walking, breathing, using hands, etc. and is not normally, if ever, applicable for temporary conditions. The only condition that is automatically covered is HIV/AIDS; anything else must be looked at on a case-by-case basis.

              Even if your injury did result in an ADA-qualifying condition, however, all that means is that your employer must, upon your request, enter into a good faith dialogue to determine what, if any, accommodations they could reasonably make to allow you to do your job. They are not required to offer an accommodation that is unreasonable, the one that you want, or the one the doctor recommends. If this employer does not have any permanent light-duty positions, they are not required to create one as an accommodation under ADA; this would definitely be considered "unreasonable".
              Last edited by Pattymd; 06-28-2006, 03:28 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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