Legal Question in Employment Law in Texas

Will Not Allow My Father to RETURN TO WORK

My father was hired to a factory over two and half years ago knowing that his back was hurt. January 2002 he was put on short term disablity because he was unable to work. June 2002 he had surgery. He was able to start working with a 5 lbs. weight limit in August 2002. His employers would not allow to return. August he started his long-term disablity. In October the doctor had released him to light duty with a 20 lbs. weight limit this time. Again they said that he could not return to work. This time they said because he can not return back to light duty twice. In December 2002, my father went to the doctor to be released and this time he was released with a 164 lbs. 1 x a day and 154 lbs. 2 x and so on. This time the company told him that they could not let him return to work because of company policy. Once you are on long term disablity they will not allow them to return. Is this legal? Should he get a lawyer to take on the case? Conserned Daughter. Thanks


Asked on 12/05/02, 5:13 pm

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

flawed policy

Having a company policy of not rehiring employees that have previously gone on long term disability may be found by a court to be in violation of the American with Disability Act. If your dad has recovered enough to no longer need long term disability, he should be allowed to return to work. Your father may need to get his doctor to explain to the human resource department that the conditions that qualified him for long term disability (no being able to hold meaningful employment due to physical restrictions) no longer exist.

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Answered on 12/10/02, 12:33 pm


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