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required to lift eighty pounds, even though job description just says "lift fifty pounds"

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wounded

New member
What is the name of your state? CA

Been working at Home Depot as Lot Attendant since October 2020.

Here is my job description: Home Depot Lot Associate Job Description, Key Duties and Responsibilities – Job Description And Resume Examples

Under "

Home Depot Lot Associate Job Description Example/Sample/Template​

", the fourth from the lowest one, it says

"Physically fit to lift 50 pounds".

(There was no "lifting test". During the job interview, nobody asked if I could lift 50 pounds (or any other amount). Furthermore, it is much harder to lift 50 pounds of concrete, than a 50 pound barbell.)

July 2021, Assistant Manager JS told me to get a doctor's note that I could not lift *over* fifty pounds, due to back pain.

I got the doctor's note and turned it into Human Resources. Later, Human Resources said that Corporate was fine with the work accommodation that I not lift over fifty pounds, and that if a customer wants me to lift something over fifty pounds, I was supposed to tell the Head Cashier.

June 2024, Human Resources called me into the office. She told me that, in order to keep working @ Home Depot, I had to get a physician to fill out a form that said what kind of work restrictions I needed. The form asked how long the work restrictions would last for. The physician wrote that the work restriction lasted for one year. I got the physician to fill out the form, and then faxed it to the specified address. Later, Assistant Manager JS arranged my work restrictions with me.

March 2025, Assistant Manager JS called me into the office and told me that, within three days, I would receive an email from (a certain company), about my work restrictions, because Home Depot is updating its computer system. JS told me that after I got the email, I was supposed to fill out a form (which JS gave me a copy of). (Attached, please find "working"). On the form, I was supposed to write about the fifty pound lifting limit. During the meeting, I pulled out a copy of the job description (cited in the second paragraph of this post). I pointed out that the Lot Attendants' job description said "lift 50 pounds". I asked, why I had to get a physician's note in the first place, since I have been lifting fifty pound merchandise throughout my entire time working at Home Depot. JS said that the building has 80# concrete bags, and when a customer wants me to lift them, (if I do not have a Physician's Note), Home Depot was supposed to give me a "write up" for being "unwilling" to lift 80 pounds of concrete (even though my job description only says "lift 50 pounds".) I then pointed out that Home Depot did *not* have a "lifting test" during the job interview, and the job interviewer did not even ask me if I could lift 80 pounds of concrete. I asked JS if I had to get a physician's signature on the form, and he said "you might or you might not". After over three days, I still had not gotten the email, so I asked Human Resources. She said that the company would email me later. One week later, I still had not gotten the email, so I asked Human Resources again. She said the company would email me later.


California is an "at will" employer.

Lawsuits take a lot of time, money and energy. The moral high road does not guarantee the outcome. The job description has been there many years, there are plenty of Home Depot stores, and plenty of Lot Attendants. If someone could have won a civil lawsuit against Home Depot, I think they already would have done so.

Short of hiring a lawyer, what are my options?

Thank you very much.
 


Mark_A

Active Member
What is the name of your state? CA

Been working at Home Depot as Lot Attendant since October 2020.

Here is my job description: Home Depot Lot Associate Job Description, Key Duties and Responsibilities – Job Description And Resume Examples

Under "

Home Depot Lot Associate Job Description Example/Sample/Template​

", the fourth from the lowest one, it says

"Physically fit to lift 50 pounds".

(There was no "lifting test". During the job interview, nobody asked if I could lift 50 pounds (or any other amount). Furthermore, it is much harder to lift 50 pounds of concrete, than a 50 pound barbell.)

July 2021, Assistant Manager JS told me to get a doctor's note that I could not lift *over* fifty pounds, due to back pain.

I got the doctor's note and turned it into Human Resources. Later, Human Resources said that Corporate was fine with the work accommodation that I not lift over fifty pounds, and that if a customer wants me to lift something over fifty pounds, I was supposed to tell the Head Cashier.

June 2024, Human Resources called me into the office. She told me that, in order to keep working @ Home Depot, I had to get a physician to fill out a form that said what kind of work restrictions I needed. The form asked how long the work restrictions would last for. The physician wrote that the work restriction lasted for one year. I got the physician to fill out the form, and then faxed it to the specified address. Later, Assistant Manager JS arranged my work restrictions with me.

March 2025, Assistant Manager JS called me into the office and told me that, within three days, I would receive an email from (a certain company), about my work restrictions, because Home Depot is updating its computer system. JS told me that after I got the email, I was supposed to fill out a form (which JS gave me a copy of). (Attached, please find "working"). On the form, I was supposed to write about the fifty pound lifting limit. During the meeting, I pulled out a copy of the job description (cited in the second paragraph of this post). I pointed out that the Lot Attendants' job description said "lift 50 pounds". I asked, why I had to get a physician's note in the first place, since I have been lifting fifty pound merchandise throughout my entire time working at Home Depot. JS said that the building has 80# concrete bags, and when a customer wants me to lift them, (if I do not have a Physician's Note), Home Depot was supposed to give me a "write up" for being "unwilling" to lift 80 pounds of concrete (even though my job description only says "lift 50 pounds".) I then pointed out that Home Depot did *not* have a "lifting test" during the job interview, and the job interviewer did not even ask me if I could lift 80 pounds of concrete. I asked JS if I had to get a physician's signature on the form, and he said "you might or you might not". After over three days, I still had not gotten the email, so I asked Human Resources. She said that the company would email me later. One week later, I still had not gotten the email, so I asked Human Resources again. She said the company would email me later.


California is an "at will" employer.

Lawsuits take a lot of time, money and energy. The moral high road does not guarantee the outcome. The job description has been there many years, there are plenty of Home Depot stores, and plenty of Lot Attendants. If someone could have won a civil lawsuit against Home Depot, I think they already would have done so.

Short of hiring a lawyer, what are my options?

Thank you very much.
If California is an "at will" employer, I assume they can change the job description at any time. I have worked at many companies where the job description changed (not having to do with physical limitations, but significant changes nonetheless). I don't see Home Depot as having any moral transgressions here, but just my opinion.
 

zddoodah

Active Member
what are my options?

Options for what? Get the doctor's note that your employer is requesting.

I'm at a loss to understand what legal claim you think you might have or what "moral high road" you think you're on. You seem to be under the impression that your employer can't legally request or require you to do anything not in your written job description, but that's not even remotely true.


If California is an "at will" employer

That's irrelevant to the OP's inquiry and also false. Most state employees are not "at will" employees.
 

Mark_A

Active Member
That's irrelevant to the OP's inquiry and also false. Most state employees are not "at will" employees.
Since it was stated that the employer was Home Depot located in California, I may have slightly misspoke, but obviously didn't mean that the person was an employee of the state of California.
 

quincy

Senior Member
It seems to me that the simple solution is to get your doctor to sign the 50lb restriction letter and turn it into HR.

I don’t see any legal option available to you, based on what you have said so far.
 

Mark_A

Active Member
It seems to me that the simple solution is to get your doctor to sign the 50lb restriction letter and turn it into HR.
That is good advice, since the HR people are just doing their job as they are being told to do it, most likely by a legal staff at Home Depot. That assumes that one wants to keep their job with the minimal amount of hassle.

If on the other hand one wants to be able to file a law suit against a big corporation so they don't have to work anymore (or not have to work as much) because of a lawsuit settlement, then that is a different story.
 

quincy

Senior Member
If on the other hand one wants to be able to file a law suit against a big corporation so they don't have to work anymore (or not have to work as much) because of a lawsuit settlement, then that is a different story.
I don’t know what sort of lawsuit you think is possible here. If John Doe cannot safely lift over 50 pounds, he should have his doctor sign a letter saying that.
 

Mark_A

Active Member
I don’t know what sort of lawsuit you think is possible here. If John Doe cannot safely lift over 50 pounds, he should have his doctor sign a letter saying that.
I stated in a previous post in this thread that a company has a right to change an employee's job description (unless there is some kind of contract or labor union agreement involved). So obviously I don't think there is a "valid" complaint here, and getting a doctor to sign the letter is not too much to ask IMO.

However, it seems likely to me that the OP is not looking to just keep the job, but to get some free money via a lawsuit, and it is always hard to say how a California judge or jury would rule when a large corporation is involved. Fortunately for Home Depot, they would get to decide whether to have the case decided by a judge or jury (normally the defendant's choice), because I believe that in California civil cases, only of nine out of twelve jurors agreeing is required for a verdict.
 

quincy

Senior Member
… However, it seems likely to me that the OP is not looking to just keep the job, but to get some free money via a lawsuit, and it is always hard to say how a California judge or jury would rule when a large corporation is involved. Fortunately for Home Depot, they would get to decide whether to have the case decided by a judge or jury (normally the defendant's choice), because I believe that in California civil cases, only of nine out of twelve jurors agreeing is required for a verdict.
Mark_A, you are making it sound like there is a lawsuit available to pursue that has some merit - and based on what has been stated, that does not appear to be the case.

One has to be careful not to file a frivolous action because there can be costly penalties imposed. These penalties can include having the plaintiff filing such a suit held responsible for paying the defendant’s attorney fees. In the case of a lawsuit against a large company like Home Depot, the attorneys representing the large company do not come cheap.

Here are the laws on frivolous claims and penalties that can be imposed:

https://california.public.law/codes/ca_civ_proc_code_section_128.7

https://california.public.law/codes/ca_civ_proc_code_section_128.5

An attorney in California should be consulted before any lawsuit is seriously considered. And, again, based on what has been provided in the way of facts, there does not appear to be any sort of lawsuit with merit that is available to pursue.
 
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Mark_A

Active Member
Mark_A, you are making it sound like there is a lawsuit available to pursue that has some merit - and based on what has been stated, that does not appear to be the case.
I am sorry, but I completely disagree. I never suggested that there is a lawsuit available that has legitimate merit. I clearly stated that Home Depot has the right to change a job description at any time, and any lawsuit about that is without legitimate legal merit.

What I also said is that, knowing how things work in California, a jury might side with someone suing a big corporation even if there is absolutely no merit to the case. You can look up "jury nullification" for explanation of that. Hopefully, a judge would not do that, but in a few California jurisdictions I would not bet a lot of money on that.
 

quincy

Senior Member
… What I also said is that, knowing how things work in California, a jury might side with someone suing a big corporation even if there is absolutely no merit to the case. You can look up "jury nullification" for explanation of that. Hopefully, a judge would not do that, but in a few California jurisdictions I would not bet a lot of money on that.
Why are you speaking of judges and juries when there is no (apparent) reason to be in court in the first place? No facts have been presented to show that there is any legitimate legal basis for a lawsuit.

We don’t have to debate every single hypothetical situation you might come up with, you know.
 

Mark_A

Active Member
Why are you speaking of judges and juries when there is no (apparent) reason to be in court in the first place? No facts have been presented to show that there is any legitimate legal basis for a lawsuit.

We don’t have to debate every single hypothetical situation you might come up with, you know.
I didn't come up with a hypothetical situation. the OP asked the question and my initial (and continuing) response has been that an employer has the right to change a job description after someone has been hired, unless there is some kind of employment contract or labor union agreement that prohibits that.

Unfortunately, there are many lawsuits filed without a legitimate legal basis for doing so because some people think the purpose of the judicial system is achieve fairness, as opposed to compliance with the law (which laws may be fair, or somewhat unfair in some circumstances).
 

quincy

Senior Member
I didn't come up with a hypothetical situation. the OP asked the question and my initial (and continuing) response has been that an employer has the right to change a job description after someone has been hired, unless there is some kind of employment contract or labor union agreement that prohibits that.

Unfortunately, there are many lawsuits filed without a legitimate legal basis for doing so because some people think the purpose of the judicial system is achieve fairness, as opposed to compliance with the law (which laws may be fair, or somewhat unfair in some circumstances).
Okay. So … you are saying that you do not see any legitimate basis for a lawsuit from the facts as presented. Cool.
 

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