Denied Return to Work After Injury Washington State
A friend was injured on the job 4 years ago. He underwent several operations and physical rehabilitation. He is now ready to return to work. His employer has said all along that they were going to rehire him as soon as he was released for work. He has kept contact with his boss through all of the time off. The state offered him job retraining which he turned down because his old boss said he could return to his job. He said this right up to a couple of months ago. Now that he is ready to return to work (log truck driver) with some restrictions, (cannot lift over 50 pounds, cannot walk long distances) so his boss is not going to rehire him now, even though those restrictions would not interfere with his ability to operate the truck and do the job. I have some questions about this.
1. Is the company obligated to rehire him since he can do that job?
2. Is the company legally liable under the Americans With disability's act to rehire him?
3. Can he sue because they said all along they would rehire him, and then AFTER he turned down state offered retraining, they decided they weren't going to rehire him.
Thank You for your responses.
Re: Denied Return to Work After Injury Washington State
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nite_riderusa
1. Is the company obligated to rehire him since he can do that job?
No they are not.
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2. Is the company legally liable under the Americans With disability's act to rehire him?
No, the employer is obligated to to try and accomodate but no where does the ADA state that the employer has to rehire the ex-employee----4 years? come on!
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3. Can he sue because they said all along they would rehire him, and then AFTER he turned down state offered retraining, they decided they weren't going to rehire him
And just how is your friend going to prove this?
Re: Denied Return to Work After Injury Washington State
True. Knowing it and proving it are two different things.
Re: Denied Return to Work After Injury Washington State
Sorry but have to agree with mlane - not after 4 years. That's a very long time to hold a job.
Re: Denied Return to Work After Injury Washington State
Under the most generous interpretation of the most generous state law in the country (which is not Washington's) his right to reinstatement ran out three years ago. Under Federal law, his right to reinstatement ran out three years and nine months ago. Unless he has a legally binding and enforceable contract or CBA that specifically grants him four years or more time, his right to reinstatement is long gone.
I think he'll have a very hard time proving that his boss promised him his job back regardless of any restrictions. Even if the ADA did apply, and after four years it does not, the boss is not required to create a job for him within his restrictions, or to eliminate any essential functions of his job.