Can they fire my dad for this?

My dad got a doctors note in 1995 saying he can't work on the heaters at bridgestone firestone because he blacked out twice. Now recently they wanna put him back on and he showed them his doctors note from 95 and they said it has to be more recent. So he got a new doctors note and showed the firestone nurse. She said this could cost you your job and that they might need more info before they don't put him on the plant. So the doctor said if they need more info tell them to fax us. Then my dad talked to a Union worker and he said if they want to they will just lay you off. Is there anything he can do? He hasn't blacked out since being off the heaters and there are other disabled people there(i.e. a guy with one eye, so he can't drive the fork truck).

Archer87

I would like to know the legal answer for this as well. I blacked out once at work and it was due to an anxiety problem. It had never happened before and never again at work. I was denied a promotion when they reviewed the employees because "They didn't know what was wrong with me".

My husband said they could not do this...?

misslabeled

If he has a bonafide disability they must make "reasonable accommodation" for him. If there is no good reason for them to be putting him back on rather than someone else, he may have an argument. But if they say they are eliminating the position he's in and the only other place they can put him is in a job he cannot do, then it is legal to terminate him. Since he is in a union, he should definitely get them involved. It's always possible they want to get rid of workers who make the most money in order to reduce costs, so they try to put them in jobs where they will not succeed. This is a misstep on their part because they were aware of the issue with him working on the heaters. They "can" fire him, but that wouldn't make it legal and it would force him to have to come up with the money for a lawyer in order to hold them accountable. Again, something where the union should be able to help.

BabyT

You indicated that your Dad spoke to a Union rep. So, if it is a Union shop, that means the Union and the Company have a contract, a written legal agreement that covers any number of issues that may exist between the Union and the Company and how they will be handled.

His current situation is either spelled out in the contract, or it is not. Even if it is well documented, the company is free to interpret it one way and the Union another. In their own best interest, some companies do what they want, ignoring the contract, and it is up to the worker to file a grievance and then the Union to fight for the workers contractual rights, Some grievances can go on and on unsettled for a long time. Meanwhile, the *issue* stays in limbo while the company continues to break the agreement. Sometimes an outsider, known as an arbitrator, is finally called in to settle things. When this happens, both parties must agree to accept the arbitrator's decision.

If your Dad's situation is not covered anywhere in the contract, the company falls back on its own procedures manual to cover the situation, essentially a carte blanche to handle things purely in their best interest, not necessarily the worker's.

If your Dad feels that the company's actions are in violation of their agreement, he needs to be proactive by exercising whatever rights he has under that agreement. He can't sit back and assume the company will do the right thing. They may... or they may not. In matters of health, he and his Doctor need to provide whatever supporting documentation they require. As for the outcome, it is a lot like going into Court- there are no guarantees. He has my best wishes.

oscarthegrouch

Is you dad in the union? If so, he needs to talk to his union rep. They exist to protect workers from situations just such as this.

AlyR

To be honest it really seems like your Dad should contact a lawyer. They shouldn't be able to discriminate against your Father because of a disability but where to go beyond that is really something a lawyer would be best to handle. Sorry..

le00001

Depending on company policy yes. People are often fired for the stupidest reasons and more rational ones used to justify them. Like they hate you because you're Catholic. Unions are usually better about keeping jobs too though. I'd say if he is fired, sue for wrongful termination. That will get heads to roll.

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