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  #1  
Old 09-25-2009, 10:21 PM
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Join Date: Sep 2009
Posts: 3
Possible termination for Spine Surgery

Hello everyone I have a situation and i need some help; anyone with any legal background that could help would be great.

I am currently working for a company and Several months ago before I moved to NC, i had found out that my exisiting back problem was getting worse, (after i was promoted to a new positon) I spoke with my employer and stated that my dr. said i may need to have back surgery so if this going to cause a problem with my job i will not have my house built in NC and i will stay in New Jersey, So my Director said not to worry move forward with my home and things will be fine and if they need to find me a different position to work from home or something along the lines of that they will.

Well today 8 months later my DR. here in NC informed me that i had to have a spinal fusion so i informed my boss and he basically said we will see what we can do but you should start looking for another job, im pretty sure this isnt legal. First of all they new ahead of time when i was hired at the company i had back issues from the military and second off they approved me to move here ahead of time.

Can they just let you go for having surgery.

Thanks
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  #2  
Old 09-25-2009, 11:51 PM
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Perhaps this information will help.

http://www.nclabor.com/wh/fact%20sheets/eaw.htm

It is always a bad idea to make plans such as moving or building a house on a guarantee of employment.
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  #3  
Old 09-26-2009, 07:07 AM
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Well,

im pretty sure im protected by FMLA, and ADA (Americans with disabilities act).

If thats the case i think what they are doing is completely illegal.
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  #4  
Old 09-26-2009, 08:08 AM
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If you are sure you know the answer to your question, why did you ask? :::shaking head::::

ADA is intended to keep businesses from DISCRIMINATING AGAINST PEOPLE who are DISABLED.Contrast this to the glaring differences between someone who was NOT HIRED because they are disabled and YOUR situation where you need surgery and will be unable to work for quite some time.

ADA does not guarantee you a JOB if you GET sick or NEED SURGERY.

And, FMLA only applies to certain agencies and people. Do you know if your employer is required to offer FMLA?

Lets assume, for example sake, by profession, I am a pilot. However, I suddenly cannot pass a physical exam because I have seizures. I cannot meet the job requirements----do they have to keep me on the payroll? The answer is, obviously, No. Are they discriminating against me because I am disabled and cannot drive or fly any longer? No. Through no fault of my own, I am unable to perform to the job specifications. This is NOT covered under ADA or FMLA. If what you are purporting is true, I should be able to be a fire fighter (even though physically I could not lift a human being twice my size and tote them out of a burning building). An employer is not required to PAY you if you cannot, through no fault of your own ( nor their fault) meet the job requirements from a physical standpoint.

If you are convinced you are being discriminated against, hire a lawyer but make sure before you do that he or she is going to merely agree with you, not point out what the law states.
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  #5  
Old 09-26-2009, 08:50 AM
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Quote:
Originally Posted by GentleGrace View Post
If you are sure you know the answer to your question, why did you ask? :::shaking head::::

ADA is intended to keep businesses from DISCRIMINATING AGAINST PEOPLE who are DISABLED.Contrast this to the glaring differences between someone who was NOT HIRED because they are disabled and YOUR situation where you need surgery and will be unable to work for quite some time.

ADA does not guarantee you a JOB if you GET sick or NEED SURGERY.

And, FMLA only applies to certain agencies and people. Do you know if your employer is required to offer FMLA?

Lets assume, for example sake, by profession, I am a pilot. However, I suddenly cannot pass a physical exam because I have seizures. I cannot meet the job requirements----do they have to keep me on the payroll? The answer is, obviously, No. Are they discriminating against me because I am disabled and cannot drive or fly any longer? No. Through no fault of my own, I am unable to perform to the job specifications. This is NOT covered under ADA or FMLA. If what you are purporting is true, I should be able to be a fire fighter (even though physically I could not lift a human being twice my size and tote them out of a burning building). An employer is not required to PAY you if you cannot, through no fault of your own ( nor their fault) meet the job requirements from a physical standpoint.

If you are convinced you are being discriminated against, hire a lawyer but make sure before you do that he or she is going to merely agree with you, not point out what the law states.

I wasnt 100 percent sure, however i was hired as disabled Vet, which they had already known, and the position that they had promoted me to had been a direct cause of the disability to get worse, would this not cause the point of termination to be illegal
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