hidden aggenda disability blamed

[probonobob]

What is the name of your state? california
ive been resident manager for more than 12yrs my rents always been on time then i'm releved of the managers position with this letter that reads in part("t is my opinion after speaking with you that at this time your health is too poor for you to continue as
manager.") end quote, yet last year i was more ill and was still able to complete my duties, now on the mend i'm downgraded or is it a legal way to push me out. i have perfect rent paying record my rent is 1/2 of the same apt. at todays rate


thank you jjp

 

[Beth3]

You need to explain what medical condition you have and how it affects you. In order to answer your question, we need to determine whether you have a medical condition that might qualify as a disability under the ADA.

 

[probonobob]

more info hidden aggenda

hi, it all started when i suffered a cat bite to my foot, it happened at night and by the time it was time to get up it was absessing went to kaiser for treatment. after months there pain told somthing was wrong. finally they operated due to infection was in the bone they removed the effected bone. Now i walk with a cane my next to the big toe toe has spread over to a 45% angle to my foot i can't balance any more and the way i walk is causing me a great deal of trouble with my hip and syatica/low back

 

[Beth3]

Thanks. A couple more questions:

1. Are there any duties as manager that you are unable to perform? (Collecting rents is typically just a portion of a resident manager's job duties.)

2. How many people are employed by the company you work for?

 

[probonobob]

re hidden aggenda

the building as only five units what ever i couldn't my son has been here to help me, he also has worked for the man. company also handyman type repairs from work orders. although now it seems they say my son has to move or they will evict both of us they say because he was never on the original paper work that was 12 yrs ago prior to the property managment company was ever involed. the building is in trust the owner and his wife would come to me to have their hair done i'm a hair dresser i still do that 4 days a week. they started try to pull this stuff before , on my son and i spoke to the gentleman at the trust company and he said he had no problem him living here to help me. unfortunely he will be out of town till the deadline for my son to be out,if he dosent leave they'll turn it over to the attoney to evict us both my son is disabled too he has had a total hip, been shot in the spine he had a trerriable accident years ago and has constant pain this a 2bdr i dont understand it my son thinks they just want that extra $500. a mo. because it would be too hard for me to live here by myself?

 

[Beth3]

So if I understand correctly, the property owners have recently retained a property management company to run things, and they are instituting these changes. I really think you should consult with an attorney, as your situation is rather complicated. What it appears to boil down to is that you are not able to perform all the duties that an on-site property manger typically is called upon to do. On the other hand, your employer has been accommodating you all these years so unless some fairly major changes have taken place, they may have an obligation to continue doing so. And of course we don't know yet whether the ADA even applies.

I suggest you contact your local Bar Association for a referral to several employment law attornies in your area and get an expert opinion asap.

Good luck.

 

[probonobob]

aggenda

another point if your still there, and thank you very much
i don't have the clientell is used to, they have been around for about six years and infact the answer is mostly no for any i tell them we need to do around here handleing thegrounds and minor repairs is no problem if they would only ok them and pay for the when the jobs done lately there has been woman at the officce good agetting my son to work for free and then sending some inexperienced laborer out for the paying jobs
andwhat is the basis for the ada to apply
again thank you beth3

 

[Beth3]

The ADA applies if your medical condition meets the definition of a disability under that law, which would be a mental or physical impairment which "impairs a major life function." The ADA does not mention any specific disabilities/impairments other than HIV/AIDS. The determination of whether something is a disability under the ADA has to be made on a case-by-case basis.

For example, asthma may or may not qualify. It depends how severe it is and whether it's treatable with medication. Breathing IS obviously a major life function, so severe asthma (which can be life-threatening) would qualify as a disability.

Additionally, your State may have it's own version of the ADA with a more restrictive definition of disabilty, as does mine.

 

[probonobob]

THANK YOU BETH 3 is it okay to state that landlords requests are unjust because Ada provisions or should i have dr.s proof first? not being able walk or standing, both majior parts of life

 

[Beth3]

You don't have to have "proof" to make a request for acccomodation under the ADA. The way this works is that the employee informs their employer they have a disability and that they need an accommodation that will allow them to perform the essential functions of the job.

It then becomes the employer's task to determine whether the employee has a medical condition that qualifies as a disability under the ADA (at which time they may ask you to bring in information from your doctor) and to enter into an "interactive process" with you to see what, if any, accommodations are possible.

 

[probonobob]

does thada apply to renting apt. policy wise not phyisically

 

[Beth3]

No. The ADA applies to the employment relationship.

I believe most States/municipalities have housing laws that prohibit discrimination in that realm. I am not familiar with those though.

 

[probonobob]

Beth3 thank you, thank you, thank you, I can't tell you how helpful you have been !

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