Legal Question in Family Law in Arkansas
Termination due to failure of a Physical Assessment
Had surgery on 04-14-05 on right hand and returned to work per doctor's order on 05-17-05 w/o restrictions;however, I was under the doctor's care for one full year to follow up on my hand progress in five months. Reported this to my supervisor upon return to work. On 05-31-05 had to report to personnel office to sign for a physical assessment that I was scheduled for 06-29-05. My unit Human Resource manager stated to me that all had to adhere to the same standards when taking the physical assessment. On 06-29-05 filled a short document asking questions like were there medical problems or medical history that would prevent taking the physical assessment. Ask repeatedly for copy of documents but tester stated all would be faxed to my unit's Human Resource Manager. I failed, and I was placed on 30 days leave until I could past the test. On 07-15-05 I took the physical assessment a second time and failed. I was terminated on 08-01-05. Not until after I was terminated did I find out about rights under the Americans with Disability Act that accomendations could have been made. But my employer did. Reference article that any employee with medical problems would be placed in another position. What lawyer willing to help me?
1 Answer from Attorneys
Re: Termination due to failure of a Physical Assessment
What type of work do you do? What was the medical reason that you failed your physical? How many employees are there at the business you worked for? Was the hand surgery related to work?
I need some more information to give you a better answer. It depends on several factors what they are required to do, as far as the Americans with Disabilities Act.
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