Terminated Employment

[iTeach2YOs2103]

I was (in my opinion, wrongfully) terminated for not doing something (physically) out of my limitations with a doctors note on file. Do I have a case? Should I find/hire a lawyer?

 

[quincy]

What is the name of your state?

 

[iTeach2YOs2103]

Florida

 

[iTeach2YOs2103]

I only feel I was wrongfully terminated due to the fact they[my former employer] decided "the time has come for us[the company and myself] part ways" because I couldn't hold/carry a two year old for 6-8 hours a day when I am not physically capable to do so and have a medical(physical) form, required by the employer, on file at both my doctors office and the employer that clearly states I can not stand for long periods of time or any heavy lifting due to my severe back problems.

 

[LdiJ]

I only feel I was wrongfully terminated due to the fact they[my former employer] decided "the time has come for us[the company and myself] part ways" because I couldn't hold/carry a two year old for 6-8 hours a day when I am not physically capable to do so and have a medical(physical) form, required by the employer, on file at both my doctors office and the employer that clearly states I can not stand for long periods of time or any heavy lifting due to my severe back problems.

What exactly was your job?

 

[iTeach2YOs2103]

I am a preschool teacher formerly at an educational child care facility.

 

[LdiJ]

I am a preschool teacher formerly at an educational child care facility.

I do not think that you are going to get anywhere with a wrongful termination case or discrimination case in that scenario. Lifting is a integral part of the job and you cannot do it.

 

[cbg]

Even under the ADA, the employer is not required to eliminate any essential functions from your job description. If all preschool teachers have to be able to carry a two year old, and you cannot, and there is no reasonable accommodation that can be made, then it is not a wrongful term to let you go.

 

[HRZ]

I agree with cbg with one qualification....it there is a uniform requirement that all preschool teachers be able to carry a child up to say 100 lbs and you cannot perform that task then it is not wrongful to let you go .

And as a parent/grandparent I would be hyper concerned if facility staff /teachers were unable to perform tasks related to children's safety

But if there are no such uniform job requirements and or there are always two or more adults per classroom there might be some room to address reasonable accommodations ...but I think this is a very unlikely window in the real world of preschool teaching and you would be wasting your money to pay counsel to address the details .

.

 

[Chyvan]

I was . . . terminated

File for unemployment.

 

[iTeach2YOs2103]

I agree with cbg with one qualification....it there is a uniform requirement that all preschool teachers be able to carry a child up to say 100 lbs and you cannot perform that task then it is not wrongful to let you go .

And as a parent/grandparent I would be hyper concerned if facility staff /teachers were unable to perform tasks related to children's safety

But if there are no such uniform job requirements and or there are always two or more adults per classroom there might be some room to address reasonable accommodations ...but I think this is a very unlikely window in the real world of preschool teaching and you would be wasting your money to pay counsel to address the details .

.

There were two teachers in my classroom, myself and my co-teacher. There were no weight lifting requirements and when I gave them the physical form they required the director told me "you can change the students on the floor" therefore accommodating my limitations.

 

[cbg]

I'm not making a judgement on whether you have a valid claim or not. I am telling you what the law says.

 

[LdiJ]

There were two teachers in my classroom, myself and my co-teacher. There were no weight lifting requirements and when I gave them the physical form they required the director told me "you can change the students on the floor" therefore accommodating my limitations.

So, you were telling them that you were not going to change children's diapers anymore because of your need for accommodation? I am right back to my previous statement that if you are unable to do a fundamental part of the job (changing diapers) then it wasn't wrongful termination.

The daycare director is correct, you can change the children on the floor. I also suspect that your co-teacher would quickly quit the job if required to do ALL of the diaper changing.

 

[HRZ]

I don't think OP addressed that she was not going to change diapers on the floor .
( If she was shirking changing diapers that's a different point )

GIven that there is apparently no weight lifting requirement established for this job and given that the supervisor made a direct accommodation for OPs weight lifting concerns to change diapers on floor, it may be useful for OP to run her facts past a lawyer seasoned at ADA issues .

All 4 of my grandchildren were changed on the floor. ( using a clean towel or pad) it's actually safer and more convenient that many a table and no straps needed .

 

[LdiJ]

I don't think OP addressed that she was not going to change diapers on the floor .
( If she was shirking changing diapers that's a different point )

GIven that there is apparently no weight lifting requirement established for this job and given that the supervisor made a direct accommodation for OPs weight lifting concerns to change diapers on floor, it may be useful for OP to run her facts past a lawyer seasoned at ADA issues .

All 4 of my grandchildren were changed on the floor. ( using a clean towel or pad) it's actually safer and more convenient that many a table and no straps needed .

The OP said that she could not lift toddlers, therefore making it impossible for the OP to change diapers using a diaper table. The OP clearly objected to changing toddlers on the floor. Since the toddlers have diapers to change and OP can't do it on a changing table and won't do it on the floor, that clearly would leave all of the diapering to the other teacher in the room.

That clearly demonstrates that the OP cannot do a fundamental function of her job, therefore its not a wrongful termination.