Legal Question in Disability Law in Florida

Re: Possible termination due to health

I'm sorry to hear of your health problems. I hope they are all behind you. You do have rights under the ADA, but this can be a tricky situation. Under the ADA, you are likely entitled to an accommodation that will allow you to perform the essential functions (the core requirements) of a job (depending on the type of disability you have). For example, if you need a schedule change to acccommodate doctor's appointments, or a ramp to get into the building, or an ergonomic work station to alleviate a chronic bad back, etc.

The difficulty comes in when the employer says that x amount of hours are required, but you can not physically work those hours safely. If the hours are truly essential (i.e., the hours are required in order for the job to be done properly), then it is hard to argue that working less hours as your doctor prescribed is a reasaonable accommodation.

In this case, though, since you have done the job satisfactorily without the extra hours, you of course will want to argue that the extra hours are not essential and you should continue receiving the accommodation you always have (limited hours).

From a practical standpoint, if you really believe this is going to become a problem, you should consider addressing it now and working out a solution. Get HR or a trusted manager involved, sit down with the new manager, and work it out so that everyone is happy. But let them know that you have a long-term disability that is entitled to ADA protection, so they must take that into account as they apparently have for several years. It may be that the new manager is simply unaware of the legal requirements.

Also, be sure to approach the matter calmly and diplomatically. Make it clear that you appreciate all the consideration you have already received and are just trying to make sure that the work gets done and no problems arise. Employers tend to get defensive in disability cases, as the new manager might, so tread lightly.

I hope that helps. Feel free to email or call if you find that you need legal help.

Good luck and happy New Year.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.