I worked as a cable install tech. I hurt my back last year. Company had no light duty. They terminated me because they said they couldn't accommodate my restrictions. I asked about this and they said they couldn't hold the position open any longer. This doesn't make sense because they still need more people in the area, and are always hiring. They can't keep people. When I talked to the manager, she said that she hoped I got better because they still need people in my area. I understand that if the company needs 3 accounting people in the office, and one is out, they need to fill that position and there can only be three. But the company has hundreds of techs and is always hiring. Can they say they couldn't hold the position open in a situation like this?If they had not reached the max number of techs they can have, could more time off have been considered a reasonable accommodation? Say they need 400 techs in the area, and they only had 300 at the time they fired me, and only 20 in a class, leaving 80 positions still open. And I really do mean that the company is always hiring techs. I'm just wondering how a company that is not at capacity, nor can expect to be at capacity because there are fewer applicants and new hires in class than available positions by a large amount, can justify that it can't hold a position open. Has any company every been asked to prove that it would have been a burden or unreasonable to hold a position open?
I think you are confused with terms. They did not lay you off because there is INSUFFICIENT work. They TERMINATED you because there is TOO MUCH work and they need people in the available slots. If you later recover sufficiently to return you your regular work, they probably will be happy to bring you back if they are continually hiring. Experienced is almost always better than Green.
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I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
Sure, it's POSSIBLE that a longer leave of absence is a reasonable accommodation. However, an employer is not REQUIRED to grant an INDEFINITE leave of absence. It may be your doctors are not preparing the right kind of medical letters. (Don't blame them. They are not attorneys and if you don't have an attorney, there is no one to take direction from.)
Employment law is complicated and fact-specific. You will have to consult with one or more experienced plaintiffs employment lawyers with whom you can go over the details of your medical condition and the employer's opportunities. The Avvo board is not set up to handle the kind of detailed analysis needed to offer helpful guidance. Avvo works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. The employer or whomever is involved in the dispute can read everything written here.
You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
Where are you in your treatment. If you are permanently unable to return to your previous position due to your disability, it doesn't really matter. However, the Texas Labor Code prohibits employers from terminating employees who pursue workers compensation claims.
If you do get fired, you can call my office, and we'll review any wrongful termination claim. We can also assist with your workers comp claim
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