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My 2 different Dr's put a 15lb weight restriction lift on me at work for an indefinite amount of time. My job says too bad.

Las Vegas, NV |

I work in a restaurant and have a disability. In order to prevent further injury both my doctors have come together and written me a note to my employer to limit my lifting to 15 pounds. My HR says that I cannot do the essential functions of the job so there is nothing they can do but let me go. I said I have rights under the ADA and you must at least try and make reasonable accommodations for me. I can do 95% of the food service job. I can still run food, just not a big old tray with 9 large items on it, just smaller etc. They are not budging. What can I do. I've been off for a week now already. Is this legal? I filed a complaint with the EEOC and the ADA but that takes time. Need help!!

Attorney Answers 2

Posted

If the disability is work related, you may be able to obtain disability benefits if the Employer cannot accommodate your temporary limitation. If your disability is non-work related, you have to be able to perform the Essential Functions (with or without accommodation), but you will probably have a burden to show that reasonable accommodation is possible. Maybe a food cart if the aisles are wide enough? Maybe you are out of work if reasonable accommodation is not feasible. Every problem does not have a legal remedy, but it is worth a try. And yes, it will take some time.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Posted

It sounds as if you are on the right track. The question is whether you can perform the essential functions of your job with reasonable accomodation under the ADA. You'll need some legal help with thses issues. Click on the link above for Find a Lawyer.

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