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  1. #1
    Join Date
    Feb 2019
    Posts
    4

    Default Performance Standards for Employees on Medical Restrictions

    My question involves labor and employment law for the state of: Pennsylvania

    can a company hold employees on medical restrictions to the same working rate as the rest of their employees? i work in a warehouse where were required to pick/pack/etc at specific rates. this is difficult to maintain daily, all day long for most everyone. but even more so for those of us on restrictions with the pain we are constantly in. they have been writing us up for our "performance" not being up to par. and have fired others for it, one just last week. i am on my final written warning and was told i would be fired this week. but apparently i brought my rate up enough to save me for this week. however, i am still on my final warning for the next 6 months, so every week i have the pressure of wondering if i will be fired. at this point i dont even want to go into work tomorrow, im so fed up with this job and its lack of caring. but i want to be able to collect unemployment as ive been there 2 and half years. and they are notorious for denying everyone unemployment, no matter how they left the company

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,867

    Default Re: Warehouse Worker on Medical Restrictions

    Employers do not determine whether or not their former employees receive UI benefits. Period.

    If you quit and apply for UI benefits, the UI people will deny your claim.

    If you wait until you are fired, you have a much better chance of receiving UI benefits.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,093

    Default Re: Warehouse Worker on Medical Restrictions

    have you provided ADA paperwork that your medical restriction is part of a ADA defined disability? exactly what is your medical restriction?

    Generally though, no employers do not have to decrease performance standards but they do have to make reasonable accommodations.You didn't state what the med restriction was. What paperwork have you given the employer and what accommodation have you asked for?

  4. #4
    Join Date
    Feb 2019
    Posts
    4

    Default Re: Warehouse Worker on Medical Restrictions

    I'm still in touch w.several former employees. And every one of them received letters from our employer stating they were ending (those that were just begun) and/or fighting their unemployment claim. Even when they were unjustly let go.

    Back injuries, and the paperwork is what our hr department has our Dr's fill out to their satisfaction

  5. #5
    Join Date
    Jan 2006
    Posts
    38,047

    Default Re: Warehouse Worker on Medical Restrictions

    Who placed you on medical restrictions? Were you injured? On the job?

    if you are seeking an ada accommodation, you need to understand an employer does not have to reduce the work requirements imposed on a worker. The employer is only obligated to provide reasonable accomodations to assist you in performing your duties.


    Generally speaking, employers are not required to provide light duty for those injured. While it sounds cold, if you cannot do your job as expected, you stay home or suffer the consequences for not being able to fulfill your duties.

  6. #6
    Join Date
    Feb 2019
    Posts
    4

    Default Re: Warehouse Worker on Medical Restrictions

    My Dr, yes, yes.

    Really? So they can just treat us however they want, even though this isn't our fault?

    Really not motivating me to show up to work tomorrow

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,805

    Default Re: Warehouse Worker on Medical Restrictions

    Yes or no.

    Have you, or have you not, made a formal request for an accommodation under the ADA?

  8. #8
    Join Date
    Feb 2019
    Posts
    4

    Default Re: Warehouse Worker on Medical Restrictions

    Is that something we all should have done when we were injured on the job? Is it a requirement? And how does one do it?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,805

    Default Re: Warehouse Worker on Medical Restrictions

    I'll take that as a No.

    It is a requirement if you expect the employer to make any kind of modification to your job. They have absolutely no legal obligation to remove or lessen any essential function of your position even with the ADA, but if you formally self-identify as being disabled (and they ARE entitled to medical verification from your doctor) then they have to at least provide you with an accommodation to help you, which MAY OR MAY NOT be reducing your required rate. You begin by talking to HR. HR will very likely send you to your doctor with a description of your job and a request for information about what you can and cannot do. They are NOT required to give you the accommodation you want or even the one the doctor recommends, but they have to give you one that works. You, in turn, will still have to keep to whatever rate is agreed to when the accommodation is offered. Under NO circumstances are they REQUIRED to allow you to do less work than a non-disabled person.

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