Legal Question in Employment Law in Pennsylvania

I just started a new job a few weeks ago and am concerned I could lose my job before my probation period is even over. I told my boss that I was going to a chiropractor one evening. I've been going to a chiropractor for sometime because of headaches. Part of my job is setting up rooms for events/meetings, which includes moving tables and chairs. We do this in teams. Some of the tables are on wheels, the others are quite light, and we use equipment for moving the chairs. Since I told her that I was going to a chiropractor, she has told me that I am no longer allowed to help with moving the furniture and I am not allowed to lift any boxes or equipment. I got a letter from my chiropractor stating that I have no restrictions for doing my work, and she still insists that I am not permitted to do this part of my job. I am concerned that she will terminate my employment because I am not allowed (by her) to do that part of my job even though I am perfectly capable of doing it. What can I do to protect myself?


Asked on 10/22/10, 1:45 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

The Americans with Disabilities Act, as amended, not only protects people that are disabled but also people that are perceived as disabled. A covered employer must accommodate a disability that it perceives exists. And this is what your employer is trying to do.

In this case your employer perceives you as disabled. If it becomes an employment issue then the employer is probably on the hook to either allow you to work without restriction or employ you in a capacity that accommodates your perceived disability.

Assuming you were terminated for the reason that you could not do the job as assigned then you should consult a lawyer. Make it known by your employer that you want to keep your job and work through this issue with them. Because you state that you have a probation period it sounds as if the employer may be of a somewhat larger size or sophistication. If so then seek to speak with your HR or compliance personnel about this situation before it becomes a problem.

Regards,

Roger

Read more
Answered on 10/30/10, 4:40 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Pennsylvania