Legal Question in Disability Law in North Carolina

Ada

I was fired from my job after the employer had me take an FCE and said that I was perm medically restricted and no longer fit for duty. I have bilaterl foreatm tendonitis and 1 part of my job requried me to do alot of heavy lifting the my case is a workers comp case so the dr. gave me restrictions and the company would no longer accomadate me. Their were other employees in the office with similar restrictions and they were not requried to take an FCE. I have this happened in March I have filed a claim with EEOC and as of today they are still investigating is their anything else I can do or just wait on the outcome from EEOC before seeking an attorney

Thanks


Asked on 1/05/07, 11:16 pm

1 Answer from Attorneys
Judy Tseng Wake Law Office

Re: Ada

If you are permanently restricted or physically unable to do your old job, you don't have a good ADA case, unfourtunately. Under the ADA, the employer only has to make "reasonable accommodations," but you still have to be able to perform the essential functions of the job. It's a high standard to surpass. Your workers comp case should be good, since the value of tht depends in large part on how badly your earning capacity has been harmed. Feel free to consult other employment attorneys if you want another opinion. It's always better to talk to an attorney before you get the EEOC right to sue letter. Good luck!

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Answered on 1/05/07, 11:50 pm


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