What if my condition prevents me from doing the job that I was hired to do?

UPDATED: Mar 31, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 31, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What if my condition prevents me from doing the job that I was hired to do?

I have diabetes with diabetic neuropathy (numbing of the feet with a lot of pain). I do building maintenance. The size of the building is 200,000 square feet and is very hard for me on my feet. My restrictions are no ladders no lifts. If they let me go would I be able to collect unemployment?

Asked on March 31, 2012 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you condition qualifies as a disability, your employer is obligated to make "reasonable accomodations" to it if you request them. However, "reasonable accomodatons" are either changes in how the job is done, or the provision of some assistive devices, technology, or tools, which is neither too expensive or too disruptive. If you cannot do the job even with such a "reasonable accomodation," you may be terminated--the law does not require employers to retain employees who can't do the work for which there were hired. A maintenance person who cannot handle the demands of walking, climbing, etc. around a 200,000 sq. ft building can probably be lawfully terminated.

If you are terminated, however, you should be eligible for unemployment insurance, since this would be an involuntary separation from work that is not "for cause" (i.e. not due to somethig wrongful you did, like excessive absenteeism, vioating company policy, insubordination, theft, etc.).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption