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Posted: 4/27/2016 9:21:45 PM EDT
[#1]
Was this hypothetical situation in Florida?
Sounds like you're outa luck. Save the attorney money for bills. |
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Posted: 4/27/2016 9:59:06 PM EDT
[#2]
Quote HistoryQuoted:
Was this hypothetical situation in Florida? Sounds like you're outa luck. Save the attorney money for bills. Yes which is why I posted in this section. I know the FL laws are different from most states. |
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Posted: 4/27/2016 10:32:02 PM EDT
[#3]
I believe that regardless of state laws, a Federal Law, the ADA, requires that the company offer its disabled employees reasonable accommodations.
Since the disabled employee has been able to fulfill his job requirements for 8 years from home I believe that being allowed to continue in that capacity constitutes such a reasonable accommodation. I'd speak to an attorney who specializes in employment law in regards to that matter before simply walking away. |
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Posted: 4/28/2016 9:03:08 PM EDT
[#4]
Commuting to and from work is not part of your job description. Company is not in any position to accommodate based on your commute. You'll lose on this all day long.
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Posted: 4/29/2016 6:46:38 AM EDT
[#5]
Quote HistoryQuoted:
Commuting to and from work is not part of your job description. Company is not in any position to accommodate based on your commute. You'll lose on this all day long. Not a lawyer but I agree. Company isn't laying off because of medical condition but because employee is unable to fulfill job requirements. If nobody is working from home, or no other positions are open that work from home, there is nothing they can offer this person and their compliance with ADA would likely be fulfilled. IMO |
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Posted: 4/29/2016 10:04:42 AM EDT
[#6]
Lawyer; speak with one.
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Posted: 4/29/2016 11:44:13 AM EDT
[#7]
Quote HistoryQuoted:
Commuting to and from work is not part of your job description. Company is not in any position to accommodate based on your commute. You'll lose on this all day long. This is correct. I've seen this situation play out before. |
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Posted: 4/29/2016 5:20:15 PM EDT
[#8]
Florida is an employment-at-will jurisdiction. At-will employers can terminate their employees with or without cause and do not have to provide advance termination notice in most situations. Although employers can typically terminate their employees without notice or cause, federal employment laws require them to provide termination notice if they terminate a large number of employees. Furthermore, anti-discrimination employment regulations prohibit employers from firing their employees for discriminatory and retaliatory reasons. Florida employers must comply with anti-discrimination laws, advance notice requirements and last paycheck laws when terminating their employees. Pretty much says it all. |
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Posted: 4/29/2016 6:11:20 PM EDT
[#9]
Quote HistoryQuoted: Florida is an employment-at-will jurisdiction. At-will employers can terminate their employees with or without cause and do not have to provide advance termination notice in most situations. Although employers can typically terminate their employees without notice or cause, federal employment laws require them to provide termination notice if they terminate a large number of employees. Furthermore, anti-discrimination employment regulations prohibit employers from firing their employees for discriminatory and retaliatory reasons. Florida employers must comply with anti-discrimination laws, advance notice requirements and last paycheck laws when terminating their employees. Pretty much says it all.  |
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Posted: 5/3/2016 9:20:50 PM EDT
[#10]
The fact that the company is willing to let this employee go is very telling IMO.
If this employee was a superstar, for example, I'm sure exceptions could be made. |
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Posted: 5/4/2016 6:42:34 PM EDT
[#11]
Quote HistoryQuoted:
The fact that the company is willing to let this employee go is very telling IMO. If this employee was a superstar, for example, I'm sure exceptions could be made. Yes, its a major worldwide corporation. |
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Posted: 5/4/2016 8:07:57 PM EDT
[#12]
Quote HistoryQuoted:
Yes, its a major worldwide corporation. Quote HistoryQuoted:
Quoted:
The fact that the company is willing to let this employee go is very telling IMO. If this employee was a superstar, for example, I'm sure exceptions could be made. Yes, its a major worldwide corporation. AT&T? |
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Posted: 5/4/2016 8:09:35 PM EDT
[#13]
Let me know where you are. I can vet some attorneys for you. I'm a commercial litigator/PL defense attorney, but know quite a few labor attorneys on both sides.
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Posted: 5/4/2016 8:55:01 PM EDT
[#14]
Quote HistoryQuoted:
Let me know where you are. I can vet some attorneys for you. I'm a commercial litigator/PL defense attorney, but know quite a few labor attorneys on both sides. I am by the Space Center. Although no action is required now, a few names wouldn't hurt. This is prep work as rumors are abound and something is expected to happen within the next year or two. |
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Posted: 5/5/2016 9:09:13 AM EDT
[#15]
I would not think 'this person' being required to work in the office was discrimination. Employers can still set some rules, despite the ADA and other intrusions.
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Posted: 5/5/2016 11:14:33 AM EDT
[#16]
Quote HistoryQuoted:
I am by the Space Center. Although no action is required now, a few names wouldn't hurt. This is prep work as rumors are abound and something is expected to happen within the next year or two. Quote HistoryQuoted:
Quoted:
Let me know where you are. I can vet some attorneys for you. I'm a commercial litigator/PL defense attorney, but know quite a few labor attorneys on both sides. I am by the Space Center. Although no action is required now, a few names wouldn't hurt. This is prep work as rumors are abound and something is expected to happen within the next year or two. Ok. I am working on a case with an attorney out of Merritt Island right now. I've sent him a request for labor side attorneys in your area. |
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Posted: 5/7/2016 12:47:00 AM EDT
[#17]
Everyone pretty much laid it out very well already.
Florida is considered an At Will state. If this person is unsure or wants to investigate further I would always recommend speaking to an attorney who specializes in the field to get a full understanding of the options available and then go from there (a consultation won't be difficult). That said, in this case unfortunately I don't believe there is much that can be done as the employer can terminate without notice at any time and more than likely this would not be a winnable case worth putting money into. I've seen some pretty wacky cases be settled over the years though, you'd be surprised. Hopefully they gave this person a fair severance package for their 10 years of hard work. Best of luck to this person. Everything happens for a reason. |
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