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  1. #1
    Join Date
    May 2015
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    15

    Default Disabled Worker Laid Off Despite Availability of Work

    My question involves labor and employment law for the state of: Ohio can an employer fire someone for a temporary disability.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Lack of Work

    Not enough details to really say.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Lack of Work

    You titled the thread "lack of work", but then you speak of being fired for a disability. Are you stating that you are being laid off or fired because your employer has no work for you at all, because your employer has no work available that is suitable for you due to medically-imposed restrictions resulting from your disability, or because you are disabled despite there being plenty of work available that you would be able to perform?

  4. #4
    Join Date
    May 2015
    Posts
    15

    Default Re: Lack of Work

    There was work I could have done . was not given the chance

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Lack of Work

    Can we get a dentist in here? It's gonna be a tooth-pulling job!

    Are you the only one who was laid off due to the lack of work?

    The work you say you could have done, would it have required any accommodation for your temporary disability? Was it work your physician cleared you to do?

  6. #6
    Join Date
    May 2015
    Posts
    15

    Default Re: Lack of Work

    Quote Quoting free9man
    View Post
    Can we get a dentist in here? It's gonna be a tooth-pulling job!

    Are you the only one who was laid off due to the lack of work?

    The work you say you could have done, would it have required any accommodation for your temporary disability? Was it work your physician cleared you to do?
    There was work I could have done with or without accommodation . my doctor listed my abilities .there were others there that received accommodations that I was denied . this place is a subcontractor for the US government.

    Lack of work was the reason they gave to unemployment they sent me a letter stating they could not accommodate my restrictions. And they back dated my termination date .

  7. #7
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    Sep 2005
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    98,846

    Default Re: Lack of Work

    If there was work that you could have performed, but it was already being performed by other disabled workers, then that would be why no additional work was available for you -- is that why you titled the thread, "lack of work"?

    If you can't give a decent explanation of the facts, all we're going to be able to do is suggest that you consult an employment lawyer.

  8. #8
    Join Date
    May 2015
    Posts
    15

    Default Re: Lack of Work

    Quote Quoting Mr. Knowitall
    View Post
    If there was work that you could have performed, but it was already being performed by other disabled workers, then that would be why no additional work was available for you -- is that why you titled the thread, "lack of work"?

    If you can't give a decent explanation of the facts, all we're going to be able to do is suggest that you consult an employment lawyer.
    This company is and was hiring people to do work I could have done with or without accommodations. The hr decided to terminate me.

    Yes I was the only one who was terminated not laid off.

  9. #9
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Lack of Work

    The others who received accommodations, were they the exact same accommodations you need? Did they suffer the exact same disability you do?

    It sounds like your accommodations/restrictions were different enough that the company felt they could not provide work for you, which is generally their call initially.

  10. #10
    Join Date
    Sep 2005
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    98,846

    Default Re: Lack of Work

    Quote Quoting Mr. Knowitall
    View Post
    If you can't give a decent explanation of the facts, all we're going to be able to do is suggest that you consult an employment lawyer.
    I suggest that you consult an employment lawyer.

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