Can you be fired due to work restrictions?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you be fired due to work restrictions?
My son works for the largest retail / grocery chain in the world and is a college student. He works in the meat department and helps in the deli when needed. He has gotten severe eczema from working in the deli and has a doctor note saying he can’t work in that deli. He can still work in the meat department or other areas of the store. They threatened to fire him. Can they do this?
Asked on February 4, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, they may most likely fire him.
A business generally does not need to transfer a person to a different department or job within the business, if he cannot do the one that he was hired for; while the law does require "reasonable accomodations" for workers with disabilities (and note: it is not necessarily the case that eczema would qualify as a "disability"), a "reasonable accomodation" is some change to the existing job, or some assistive technology, which is neither too expensive nor too disruptive. A reasonable accomodation does not require a transfer to a different position, especially if there would be no current opening or need that position--the business does not need to create a new job for an employee if he can't do his old job.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.