Forums
New posts
Search forums
What's new
New posts
New profile posts
Latest activity
Internet Search
Members
Current visitors
New profile posts
Search profile posts
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Forums
General Discussions
The Watercooler
Employment physicals?
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="witzend" data-source="post: 290255" data-attributes="member: 99"><p>I'm going to try to answer this, and a couple of other questions at the same time.</p><p></p><p>No, they're a company of three people, including the owner. Most employment and especially ADA laws are written for companies of 25 or more. They don't apply to this company. Nor does COBRA law, not much of anything.</p><p></p><p>Also, many many people misunderstand the ADA. The ADA states that you "must make a reasonable accommodation to enable a disabled employee to perform their job". Making a new job that is not needed for them because they can't do what they were hired to do wouldn't be a "reasonable accomodation". If he can't do the work there isn't work there for him.</p><p></p><p>Six months applies to both SS disabilities, as it must be a permanent disability.</p><p></p><p>Our state has a disability fund for if you're hurt on the job. Our state does not (and should not) have a disability fund for when you (as he does every day) eat your healthy breakfast at home then stop at MacDonald's on the way to work and eat two MacMuffin Meals including 32 oz pops every day, then go out to Taco Bell for lunch and double up on the salt.</p><p></p><p>I have been thinking about what I am asking, and more and more I believe that this is a matter of insubordination. He gets ill and goes to the hospital and has the doctor release him to all work duties. But when the work comes around he says he won't do it because he is afraid he will die if he does. I think the medical thing goes out the window altogether.</p></blockquote><p></p>
[QUOTE="witzend, post: 290255, member: 99"] I'm going to try to answer this, and a couple of other questions at the same time. No, they're a company of three people, including the owner. Most employment and especially ADA laws are written for companies of 25 or more. They don't apply to this company. Nor does COBRA law, not much of anything. Also, many many people misunderstand the ADA. The ADA states that you "must make a reasonable accommodation to enable a disabled employee to perform their job". Making a new job that is not needed for them because they can't do what they were hired to do wouldn't be a "reasonable accomodation". If he can't do the work there isn't work there for him. Six months applies to both SS disabilities, as it must be a permanent disability. Our state has a disability fund for if you're hurt on the job. Our state does not (and should not) have a disability fund for when you (as he does every day) eat your healthy breakfast at home then stop at MacDonald's on the way to work and eat two MacMuffin Meals including 32 oz pops every day, then go out to Taco Bell for lunch and double up on the salt. I have been thinking about what I am asking, and more and more I believe that this is a matter of insubordination. He gets ill and goes to the hospital and has the doctor release him to all work duties. But when the work comes around he says he won't do it because he is afraid he will die if he does. I think the medical thing goes out the window altogether. [/QUOTE]
Insert quotes…
Verification
Post reply
Forums
General Discussions
The Watercooler
Employment physicals?
Top