Legal Question in Employment Law in Arizona

I have worked for Maricopa County, Arizona for almost 20 years. I was placed on Admisitrative Leave (almost a month now). This was in responce to me filing a medical FMLA form stating that my diabeties would best be controlled if I was switched to my original day job. BACKGROUND: I orginally worked days, but over two years ago I was asked to work nights to temporarly fill in for someone who had quit. Note that I said temporary and its been two years. Back to the present: I was notified that my orginal position no longer exists, could you please come in and we can find another job for you in the county. For these past two years I have worked the night shift AND my day job (at the same time at night). My annual reviews were for both jobs, even the most recent one.

All I want to do is go back to my day job and work the rmaining two years till I retire. Question 1) Should I bring legal reprensentation to that HR meeting where they will tell what options I have.? Question 2) Do I have any legal standing to demand my old job back...? Question 3) Any other legal action I can take (Federal or state)...?

FYI - I will be calling the county in the next day or two to set up the appointment...


Asked on 6/20/11, 8:35 am

1 Answer from Attorneys
Randy Lang,J.D.,Atty. Office of the Prosecutor SCAT

Do you have established medical evidence that your "diabetic" condition qualifies as a "disability" which may justify your employer being compelled to provide you with an "accomadation" inorder for you to continue working?

Have you filed for status as a handicapped person under the American With Disabilities Act?

Have you filed a formal claim with the local office EEOC for discrimination based on your medical disability...immediately do it.

Generally,the Employer does not have to maintain your original employment position open for you while you are on disability leave.

The employer may offer you a different job without demoting you in rank or pay and eliminate your original position due to justifiable business concerns. If you refuse you could be let go legitimately.

Cordailly,

Randy

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Answered on 8/02/11, 6:42 pm


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