Work Discrimnated my disability

[FLMan26]

What is the name of your state Florida

Hello, I took 3 months off from work to have surgery, now i am cleared to return to work by my doctor with 1 limitation, my work says their HR reviewed my return to work certification and cannot work with that, now i'm forced to continual being on short term disability which is 50% of my pay and now i'm stuck not being able to pay bills and my morgage.

Details about my work history, I work for a big retail company for 10yrs and i am in Management, I'm a good worker that has never had any issues, I work in Florida, and apond speaking with my work, they never tried to accomodate me, just said that all the stores now have very little payroll and that "everybody" has to be fully active with no limitations.

Now being in management and even doing hiring, my company has never asked me or anyone else to ask possible employees if they can do certain functions like "climb ladders, lift 50lbs and ect" during interviews, and nowhere in the application does if say "required functions" not even when i was hired.

So my question is, because my company is enforcing a unwritten policy that is stopping me from returning to work, have i been discriminated based on my disability? and should I sue?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[swalsh411]

What are your job functions and what restrictions did your doctor place on you? Were you out more than 12 weeks total? If so then your employer can legally fire you.

 

[tranquility]

What is your disability?

 

[Zigner]

OP claims to have taken 3 months off. Figure all of January, February & March (giving credit for Jan 1st, to be nice.) OP was off for 90 days. 90 days divided by 7 (days per week) gives us 12.86 weeks.

 

[OHRoadwarrior]

It is not discrimination, generally speaking, to require you to be released without restriction, prior to returning to work.

 

[csi7]

No, you are not being discriminated due to your disability.

The employer has the right to use the work requirements in their decision.

It does not matter whether they do it for all employees or just for you.

Sit down, go through all the work requirements, determine whether they are applicable to your normal job descriptions, any adjustments you can make to be able to complete those tasks, and make absolutely certain you can do these tasks, if necessary, with the adjustments.

Supply this information in written professional format.

 

[ESteele]

OP, you should consider formally requesting that your employer accommodate your disabilities. Since you did not have to climb ladders, lift fifty pounds or more or other strenuous physical tasks beforehand in your job, it would appear that your employer should be able to accommodate your physical limitations without enduring any undue hardship.

You should also consult promptly with private counsel to explore whether you have any remedies under the ADA and/or FMLA.

 

[stealth2]

OP, you should consider formally requesting that your employer accommodate your disabilities. Since you did not have to climb ladders, lift fifty pounds or more or other strenuous physical tasks beforehand in your job, it would appear that your employer should be able to accommodate your physical limitations without enduring any undue hardship.

You should also consult promptly with private counsel to explore whether you have any remedies under the ADA and/or FMLA.

Where did OP state taht s/he did not have to climb ladders lift 50 lb boxrs. etc.? All that was stated was thet prospective employees are not asked this. As a mamber of management with a large retail establoshment, I can tell you that I have to do both of those, as well as other physically challenging tasks. OP needs to clarify what the limitation is, and what his/her required tasks are.