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do i have a case

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rdayz28

Junior Member
What is the name of your state? florida i was working for a company in wisconsin they hired me knowing i had ashma . well my ashma slowly got worse in january they found blood clots in my lungs my doctor told me i had to move south where it is warm . when i told the company iwas quitting and why i tried moving to one of there plants down south.one plant was hireing for a forklift operater wich i did for thirteen years they would not give me a chance. i belive the americans with disabilities act says breathing problems qualify as disability. they made no reasonable accomidations . in fact at one point when i came back from medical leave the foreman said i was going to have to do my job faster i had been doing this job for about 8 years no complaints but he put one of his little brown nosers on the job when i was gone so he said i had to do more or he would put me on a job that he knew i couldnt do and i wold have to go back on medical leave. unemployment has ruled in my favor they said i could do less than 15% of the work in the area
 


cbg

I'm a Northern Girl
Thank you for sharing your story. When you have a legal question, be sure to let us know.
 

moburkes

Senior Member
Aww, come on! The quesiton is in the title, but OP happened to have forgotten the "?".

I have a case..of free water, from Rite Aid's sale last week. But I'm not sharing. Sorry.

(did you like MY story?):)
 

cbg

I'm a Northern Girl
So, what KIND of case is he looking for?

Receiving unemployment benefits is not proof of wrongdoing.Is he trying to prove looking at a case for wrongful termination? Discrimination? FMLA violations? ADA issues?

Did he ASK the employer for any kind of accomodation? Or did he just say, I want thus and so?

Gimme a break. I don't read minds.
 

rdayz28

Junior Member
yes i asked them to move me south i feel they violated the ada i also have a written statement from doctor the cold air was hell on my lungs so that is why he wanted me to move south a lot of people move south for health reasons . i feel moving south would have been a reasonable accomidation .
 

mlane58

Senior Member
rdayz28 said:
yes i asked them to move me south i feel they violated the ada i also have a written statement from doctor the cold air was hell on my lungs so that is why he wanted me to move south a lot of people move south for health reasons . i feel moving south would have been a reasonable accomidation .
You might feel moving you south was a reseaonable accomodation, but a reasonable accomodation can't cause undue hardship to the company. Did you ask for the company to pay for your move? If so, that isn't reasonable.
 

cbg

I'm a Northern Girl
Just because you feel moving south would be a reasonable accomodation doesn't mean the employer agrees. And the ADA does NOT require that the employer give you the accomodation you want or even that the doctor recommends.
 

ecmst12

Senior Member
Especially if they feel that you wouldn't be able to adequately perform the job you requested to be transferred to.
 

mitousmom

Member
Not all asthma sufferers have a medical condition that rises to the level of a disability that requires a reasonable accommodation by an employer. It depends upon the severity of the condition and whether it substantially limits a major life's activity. Those determinations are made on a case by case basis.

EEOC requires covered employers to engage in an "interactive process" when an employee requests reasonable accommodation for a medical condition. Go to EEOC's website at http://www.eeoc.gov/policy/docs/accommodation.html and read its guidance on the subject. If you don't think your employer met the requirements you may want to contact EEOC for further information.

Relocating you, even if your condition qualifies as a disability for which accommodation is required, may constitute an undue hardship. It will depend upon your employer's operation and other factors considered into determining an undue hardship.

Your situation may be further complicated because, if I understand the information you included, you are no longer employed. Did you resign or were you terminated? Either way, it probably would be easier for you to get the relevant information you need directly from EEOC rather than as a response on this forum. You can contact EEOC at 1-800-669-4000.
 

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