My sister’s boyfriend was fired from his job because of health related issues. Is there anything they can do?
June 24, 2011 by Foot Health
Filed under Foot Health FAQ
Question by Cheryl: My sister’s boyfriend was fired from his job because of health related issues. Is there anything they can do?
My sister’s boyfriend was fired from his job because of health related issues. He is a diabetic and missed work because of his illness. His boss pulled him from the position of fork lift operator and placed him in shipping, knowing that this would create problems with his health as his feet have big sores on them. She lives in Ohio. It there anything that can be done?
Best answer:
Answer by rejectedsoul
nope
he needs to grow up and take responsibility for his health
the boss did what he could to accommodate and it wasnt enough
What do you think? Answer below!
Nope! How does the employer know this would cause more problems? Is his employer also a doctor? Does he have a note from the doctor indicating restrictions?
He is unable to do the job. It sounds like the employer has made an effort to place him where he would be able to to work, but it failed. The employer is not obligated to keep someone in a job if they are unable to do that job, especially if they miss substantial work time.
If he can prove his employer knew of his medical condition and the limitations it imposed, he could very well have a valid disability discrimination claim, under the ADA (Americans with Disabilities ACt). Employers are required to make “reasonable accomodations” with regard to someone’s disability. You really should see an attorney. Also, most states or counties have a state agency that deals with discrimination where you could file a complaint against the company.
See an attorney, if the story is actually as you mention, in my non-legal opinion you have a good shot.
You might also want to have the attorney process an SSI disability claim for your boyfriend. If he has open sores on his feet, and he usually does physical labor, he may qualify for disability.
Once again, see an attorney.
Let me finish by saying I am NOT an attorney, nor do I claim to have any legal experience.
Good luck.