Can my employer ask me to resign after getting light duty status?

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Can my employer ask me to resign after getting light duty status?

I got sent home because of light duty status had nothing to do with accident at work but I have chronic pain issues.

Asked on August 14, 2019 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The question is, can your job--the important or core elements of it--be done on light duty status? Your employer is obligated to make "reasonable accommodations" for you--changes in the job or duties that are not too expensive or disruptive to it--that allow you to do the core or important parts of your job. That can include allowing you work on "light duty" status IF your job can be done on light duty. Not all jobs can be: sometimes (e.g. jobs in shipping or warehousing, delivery, certain repair jobs where you have to lift or move heavy tools or parts, etc.) if you can't lift heavy weights or physically exert yourself, you can't do the job; and the law does not require an employer to keep (and pay) an employee who cannot, even with a reasonable accommodation, do his or her job. So if you can't do your job on light duty, your employer can ask you to resign and, if you will not, terminate you.


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