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Surgery lead to termination? Wisconsin

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  • Surgery lead to termination? Wisconsin

    Not sure if this is the right spot. Feel free to move to the right spot.

    WI here.

    I've been working as a Maint Mgr at a hotel for almost 13 years now.
    My back is shot (disc degeneration) and I need to have surgery soon, by the end of the year.

    My boss is wanting to know when I will have this as they will need to hire a temp. I fully intend on giving them the most
    The owner of the hotel spoke with her the other day and she said I should be out 12 weeks or so. (I have Short term disability at work.)He said he'll be out of a year or so.

    I'm worried that after I'm cleared, assuming surgery and recovery goes well, they will terminate me for working restrictions.
    Is there anything that protects me from this?

    I've been at the hotel since it was built so I know everyone that has been hired and fired. Last person that had a major surgery, ( bypass) came back limited with working restrictions and they all but pushed her out the door. Cutter her hours till it wasn't affordable to even show up for work.

  • #2
    I'm worried that after I'm cleared, assuming surgery and recovery goes well, they will terminate me for working restrictions.
    Is there anything that protects me from this?
    Possibly the Americans with Disabilities Act (ADA) but it's completely impossible to say at this point. You need to have the surgery and the your doctor will have to determine if you have any permanent impairment and work restrictions. At that point, you share that information with your employer who then has to determine whether you have a disability as defined in the ADA and if so, whether you are able to perform the essential functions of your job given any reasonable accommodations they can make.

    There simply isn't anyway to know in advance what your ADA and restrictions will be post-surgery.

    Comment


    • #3
      While your employer can be required to offer reasonable accommodations if ADA applies, there is no way of knowing what those restrictions will be or if your employer can reasonably accommodate them. You haven't even had the surgery yet, let alone been given permanent restrictions, nor been told they can not be accommodated. It is way too early to start worrying about being fired for something that has not happened nor may not ever happen.
      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.

      Comment


      • #4
        Originally posted by ElleMD View Post
        While your employer can be required to offer reasonable accommodations if ADA applies, there is no way of knowing what those restrictions will be or if your employer can reasonably accommodate them. You haven't even had the surgery yet, let alone been given permanent restrictions, nor been told they can not be accommodated. It is way too early to start worrying about being fired for something that has not happened nor may not ever happen.
        Probably true.
        As for the surgery. I go in for my 2nd consult today. So I'll know more about some details later this afternoon.

        My wife thinks I should get the surgery, grab a part time job and go back to school.... Easier said then done. Never much for book work. Always been a hands on type of guy. If it's broke I can fix it..

        Comment

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