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Employer required "full release" violates ADA law...
#1
Employers that implement 100 percent healed policies precluding any individuals with injuries or illness from working may be committing a per se violation of the ADA. Employers should instead conduct an individualized assessment of the individual's ability to perform the essential functions of his job with reasonable accommodations.

http://www.riskandinsurance.com/story.js...=414790507
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#2
Thanks for the Info. That Last Paragraph of the Article was a Head Turner.
I Wish Everyone in the World would Take just One Minute to Take a Deep Breath and Look at the Wonders around Them. Too Much Time caught Up in the Moment can Cause Us to Miss soo Much that is Good, and given Us Daily! We are just too Busy to See!
 
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#3
Last time I met with my employer they told me I could only return to work if I had no restrictions and could return to work at 100%.

I asked the school to put this in a letter and they did, my attorney has the letter.
 
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#4
Statue of limitations is 180 days. Then does ADA apply for less then 50 employees?
 
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#5
My problem is the same. The only restriction I have now is on hours, but my employer says no coming back until you can work all day, 8-12 hours. (I made a post about it before I saw this one; goes into a little more detail).

Granted, my problem is only a fractured middle finger, so it's not a "disability" in the normal sense of the word (though they told me I can expect problems with it down the road since the fracture went into the joint; and I currently only have about half the normal flexibility).

Some say "they can do that", some say "they can't do that." I guess at this point I'll just wait until my next doctor's appointment and see what happens.

 
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#6
(05-10-2010, 06:38 PM)Bummer Knees Wrote: Last time I met with my employer they told me I could only return to work if I had no restrictions and could return to work at 100%.

I asked the school to put this in a letter and they did, my attorney has the letter.

You wiil have to file a discrimination charge with eeoc where you live under ADA
look for the case of eeoc Phoenix vs American airlines and take it to your eeoc office
eeoc = equal employment oportunity
the soon the better
 
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#7
8 years might be to long a wait....
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#8
(05-10-2010, 12:07 PM)1171 Wrote: Employers that implement 100 percent healed policies precluding any individuals with injuries or illness from working may be committing a per se violation of the ADA. Employers should instead conduct an individualized assessment of the individual's ability to perform the essential functions of his job with reasonable accommodations.

http://www.riskandinsurance.com/story.js...=414790507



Thank you, I know someone who was badly injured breaking up a fight in a school district. The person suffered a severe head injury and the employer fired him because they said "you failed to make your probation period by three weeks". He started as part-time worked for six months, they loved him and put him on full-time. He worked eleven months at the full-time rate until the school district fired him because he was in the hospital. The District said "We fired you because you did not work the full year and make your probation". How was he suppose to make his probation period if he was in the hospital recovering from a brain injury?


Workers Compensation really shows you who is in charge, if he was not employed by the District he could have sued for real money. The Parkland Shooting, imagine if that police officer got shot trying to stop the shooter and they fired him while getting treatment in the hospital. It make's no sense at all does it!


Did they take down the link you posted, its gone according to my web browser.
 
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