Legal Question in Disability Law in Michigan

stroke

I had a stroke in December. now I have been told that i can return to work and i would have restricition . I took them to my employer and now they are telling me that they can not find a play in the company for me . I was never fired and I have 3 years senority there. there are other people there that have restricition and I was wondering what I could do if any thing . I would like your help.

Thank you


Asked on 7/04/00, 10:27 am

2 Answers from Attorneys

Martin Scott Law Offices of Martin A. Scott

Re: stroke

Employers are required by law to make reasonable efforts to accommodate you if you have a disability. You did not describe your restrictions. If it is possible for you to do your job with your restrictions, perhaps with some minor modifications or assistance that does not cost the company too much money, the employer must allow you to do this. However, if you cannot do the job, the employer does not have to keep you employed.

For more details, see my website at www.maslaw.com. Also, if you believe you could do your job with your restrictions and with some sort of accommodation, contact an attorney for assistance.

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Answered on 9/08/00, 6:15 pm
David Forrester Forrester & Associates

Re: stroke

The Americans with Disabilities Act generally requires reasonable accommodation to be made by

the employer for an employee with a disability. This does not mean making the company do

something illogical or prohibitively expensive. Example: if you work for a tree cutting service and you become injured and are wheelchair bound (assuming the company is large enough to fall under the Act�s coverage) they should try and find a place for you such as driving a truck, or as office staff. However if it is a small outfit and everybody has to climb trees, then you may be out of a job. Example: you are an airline pilot who becomes blind, obviously you can not fly, but are there related jobs that you fill such as training officer, or management positions? The key is can you be a productive asset to the company if they are flexible and without unreasonably expensive requirements. Example: ramps, Braille capable equipment, reassignment to others of some tasks requiring physical effort, however if the employer would have to spend a great deal of money or make drastic changes or have to hire more employees, they are generally off the hook. One way of looking at this is the Act makes employers do the right thing, but not stupid things.

Note many states have their own additional protection for workers, as do many Collective

Bargaining Units (Unions). You need to check with an attorney in your own area who is familiar with this area of law. You can also contact the EEOC in your area for further assistance.

If we can be of assistance, please contact us at Forrester & Associates, 256-435-1007.

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Answered on 9/08/00, 2:58 am


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