Can my company fire me because of weight restrictions?

Asked about 1 year ago - Winder, GA

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I've been given a return to work with weight restrictions after having surgery and being on short term disability for 12 weeks. My company is firing me because of the restrictions, although I've never seen or signed a policy that states we have weight restrictions. Will I qualify for unemployment benefits?

Attorney answers (3)

  1. Pro

    Contributor Level 14

    Answered April 20, 2012 12:03. Issues like this are very fact specific. Advice given here would be pure conjecture. You should contact an employment law attorney for a consultation. They will likely want to know your work history, your history with the company, why you were out of work, was the injury work related etc. Sorry that I cannot be more specific but state and federal laws do give you protection in some cases. The facts are necessary to determine if you might be entitled to some protection under the law.

    Good luck!

    Wes Hill
    (678) 994-4091

    This response does not create an attorney client relationship nor should the advice be relied upon because it is... more
  2. Pro

    Contributor Level 3

    Answered April 20, 2012 13:53. Again as stated, your situation is fact specific. It depends on what your job duties are, and whether lifting is an essential duty that does not need to be accommodated. If you have additional questions, please feel free to contact me.

  3. Contributor Level 5

    Answered April 26, 2012 11:06. Depending on additional facts, you could possibly have a disability discrimination claim. You should promptly consult with a qualified Georgia employment or labor attorney who will need to learn more about your situation in order to give appropriate legal advice. We have handled a number of cases similar to yours. Please contact me at (678) 921-0143 if you wish to discuss this further. The initial consultation is no charge, and can be handled by telephone.

    The transmission of an electronic message between an individual and attorney in a public website alone does not... more

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