Can my job fire me for recently developing a temporary disability?

I was in a car accident this year. The accident caused me to have a spinal injury. Because of the injury, I have developed a disability- ie: I have acute paralysis, causing numbing in my legs and back and loss of strength in those areas, along w/now being barely able to walk, however, I am walking, w/the aide of a cane.

So far, I have been able to do all of my job duties, accept I can no longer climb stairs. I can do EVERYTHING BUT THAT. However, it hasn't impacted my ability to effectively do my job, nor has it caused an inconvenience for anyone else.

However, my job is now threatening termination because I can no longer go up and down stairs, at the moment. They are basically saying that I have to be able to walk up and down stairs or not work there.

The condition I have is treatable, but will take surgery and time. They're also cracking down on me for taking time off for testing, dr's appts and occasional sick days where I was to ill or in pain to come in, even though it has never been for more than a day. I also recently learned that they're exempt from adhering to the FMLA since they have less than 50 employees.

I am a counselor who works w/the developmentally disabled w/mental illness in an independent living setting. All though some of my clients live in apartments that are up stairs, I can still effectively do my job for the moment, with out having to be in their homes, as we have a base sight that they can come to. Also, for the reasons that I would need to be in their apartment can be easily modified by assigning it to other staff, w/very little to no inconvenience or interruption.

Is it even legal for them to fire me for this?

michr

did you have insurance for the accident?
the insurance should take care of the medical bills and loss of income until you are able to work without restrictions. you need to investigate that avenue so your medical conditions can be resolved.

has a doctor released you to work with no restrictions?
if so then you can not now claim a disability retroactive to the time you came back to work. you can ask for the employer to make an accommodation for any future employment or employment concerns.

under ADA the condition must interfere with one or more of the major life functions to even be considered as a disability.
you must also be able to perform the essential duties of the job with or without accommodation. if those two conditions are met then the employer must make a reasonable accommodation for you.
to understand the ADA:
http://www.eeoc.gov/types/ada.html

if you can not provide medical documentation that supports a request under ADA then YES they could terminate you for excessive absenteeism.
if they can not or will not make a reasonable accommodation for your condition (assuming the condition qualifies as a disability under ADA) then you should file a complaint with the EEOC.
http://www.eeoc.gov

thenarcolepticone

Depends.

If they have more than 15 employees you can file under the ADA (Americans with Disabilities Act). It will have to affect at least one life activity (sounds like it does), you will have to be able to get a doctor to certify it, and it must not place an undue burden on your work.

It is illegal for them to fire you because of your disability as long as it doesn't interfere with your job abilities. If you don't need to walk for your job, they have no right to fire you and would be in violation of the Americans with Disabilities Act. If they do fire you, seek legal counsel.

......

go to the ada office. i had to go there when i worked at meijer. im not handicapped but do have a medical condition where i cant climb ladders or bending. i stated that on my app. ADA IS VERY FRIENDLY AND EXTREMELY HELPFUL I W0ULD CALL IN THE M0RNING

Almond

its very simple, if they fire you then sue them. You can file a claim in federal court for that violation and an attorney is not necessary.

still me, too!

The American with Disabilities Act must be adhered to by employers with 15 or more employees. HOWEVER, *most* temporary conditions are not covered.

In your favor: The supreme court ruled that that an individualized determination must be made as to whether or not a particular person is disabled. (Employers cannot make determination based solely on the nature of the condition.

how long i have to wait for accomondation if i am in temperary disability plan

I was spinal and musucular destory disease( KD) patient. The disease is slow progressing, untreated , caused me to develop a disability causing numbing in my legs and arm and loss of mussle , in the end i will sitting on wheelchair, i still walk but unable to walk too much. however, I have been try my best do all job duties, after i report to boss i have this disease, the plant dr give me accomondation with no ladders climbing and office job only. just before I go back work after 6 days off, my boss call me and told me stay home and waiting they will find the new job in our company for me. from that day, waiting right now more than 3 months( my company is 4000 full time emplyee and 8000 contractor huge oil company in canada, i am a full time emplyee ). they change me from one boss to another boss, one hr to another hr ( they require me call each week) in the first 3 months they pay me full pay( they put me in temperary disabillity plan) however, right now, they pay me 60% of my full pay, and going to termination me because I have this disability. in the begin, i do not want to bring my company to court, but they push me to the corner and a dark area, i have this disease already bad luck , and they even give me more stress and no help.

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