Results 1 to 2 of 2

Hybrid View

  1. #1

    Question Cancer Victim Returns to Work, then Told He Can't Physically Do His Job Anymore

    My question involves workers compensation law for the state of: Nevada

    Brother who is borderline developmentally disabled.
    Worked at a dept store chain in Nevada unloading trucks by hand. Worked there 3 years, got a written warning 9 months ago. Not certain what is was over. He has been asked to resign because since his kidney cancer surgery, he can't physically do the job as well as before. He is much weaker. He also has severely compressed discs (4 of them) in his back, the like of which his chiropractor had never seen before. They never made any accommodation for him at all. Now they want him to resign. he has wisely refused, fearing he'd not get any unemployment. All true. But I think he really has a workmen's comp case here against the company. He is very weak now after his cancer. He came back to work, probably sooner than most of us would have because he needed the money. Now they want his to resign. They want his answer Tuesday. I have told him to say no, he wont resign. They have told him that they want him out because he can't physically do the work they hired him for.

    I need tom know when he goers into his HR intwerview to answer their resignation demand, he is to say no, I wont resign. I guess i want to know what he needs to hear the HR person say to him. His oldest brother is going into this intervie2w with him, and is there officially to see he gets his last paycheck. Unofficially, he's there as a credible witness. When should my brother request a workmen's compensation form from HR? Is there a series of statements that should be heard prior to requesting a wc form? Should he say, "Why do you want me to resign?" An when they tell him that he is unable to do his job anymore unloading boxes from trucks..." does he then ask for the wc form? Or does he play it out, have them terminate him after he refuses to resign? I dont know if there has to be a protocol to all this. He is obviously physically unable to do his former job. No accommodation was ever attempted as best I know. My older brother will be there at the interview as a witness, though I think officially, he's there to see that my brother gets his last paycheck....we are not trying to entrap the employer into a lie, but rather, to get them to admit that they are firing him because of what they previously have told him: he is incapable of physically doing the job he has, and they've never attempted to find other work for him.

    Any help is appreciated. My brother is 49, had kidney cancer surgery and returned to work after two months. he is in bad shape. His back is just a mess, and lifting boxes has only made it worse.

    Please help him if uyou can with any info. Thanks.

    Jack P

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Cancer Victim Returns to Work, then Told He Can't Physically Do His Job Anymore

    If he has a work-related injury, he should report the injury. He shouldn't wait for anything before requesting the form to report the injury - he should report it as soon as he suspects it.

    If the issue is that he's too sick to unload trucks due to his cancer, that's tragic. But what reasonable accommodation do you propose that his employer could offer that would allow him to unload trucks despite his physical condition? Did he ask for such an accommodation? If he's incapable of unloading trucks even with accommodation, what job would he be capable of doing, and did he try to get transferred into that alternative position?

    1. Sponsored Links
       

Similar Threads

  1. Contractor Performed Work After Being Told Not to
    By ZWhite72 in forum Construction, Repair and Renovation
    Replies: 4
    Last Post: 03-22-2011, 10:20 AM
  2. Hurt at Work and Don't Work There Anymore
    By mexica76 in forum Worker's Compensation
    Replies: 3
    Last Post: 12-13-2010, 03:17 PM
  3. Disciplinary Issues: Federal Employee Told to Work Outside of Job Description
    By Referman in forum Employment and Labor
    Replies: 4
    Last Post: 07-13-2010, 08:30 AM
  4. Non-Compete Agreements: Non Compete, Told I Cannot Work in My Field(It) for One Year with in 50 Miles
    By chips101 in forum Employment and Labor
    Replies: 3
    Last Post: 06-07-2010, 07:13 PM
  5. Cancer Death from Chemical Exposure at Work
    By elhen in forum Worker's Compensation
    Replies: 4
    Last Post: 09-02-2008, 05:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources