Disregarding my doctors note? is this legal?

Question

I work at Von's, and my Job title is a courtesy clerk. I have a doctors note that i can not do any strenuous activity's because i have a genetic muscle disease called rhabdomyolysis- which can potentially cause kidney failure and death. I have shown every manager and supervisor my note! and its in my file, yet they keep giving me carts and my supervisor even told me. "if your not going to do carts you should find a new job." Its really upsetting... everyday i do them i cause a little damage. Honestly CAN THEY DO THIS?

they're supposed to be an equal opportunity employer, and they make exceptions for other people. If i were to get hurt? would they be liable or is that on me!? and can i get any compensation for what they have put me through?

Answer 1

Your supervisor is a total jerk - go to a higher authority and tell them what you have just told us - tell them you wanted to give them the opportunity to straighten this out before going to the state labor board. Could be, your supervisor might be the one brushing up on his resume.

Answer 2

they possibly can fire you if they feel you are not doing your job so i suggest  doing what you can do and keep record of it all and tell them you will not do the carts and if they fire you you can apply for unemployment and then take this to the courts. of course if they offer your job back you have to take it or else unemployment stops because you had an opportunity and you didn't take it. so that is one option, the other is to find another job, if it were me i would, i wouldn't want to work for those kind of people.

Answer 3

well, maybe that is a bad job for that kind of disease you have. try finding a new job or maybe tell them you are going to file a court for it they probably will get frightened and let you do the easy stuff -why not be a cashier.  

Answer 4

It is in the job description that you need to do that. By taking the job you are saying you can do it and if not you do need to find another job

Answer 5

You should consult a lawyer. The company is in violation of the Americans with Disabilities Act (ADA). They have to make accomodations for you within the workplace so that you are assigned a job that you can perform.

Answer 6

if they fire you, which you should let them, get an attorney and sue the **** out of them.. because YOU WILL WIN

Answer 7

Under the Americans With Disabilities (ADA Act) or 1990, an employer is required to "reasonaly accomodate" the needs of a person with disabilities unless doing so would cause the employer to suffer an "undue hardship".

To prevail on a claim under the ADA you must show:

1) You have a disability

2) You are otherwise qualified for the position

3) You were excluded from the employment because of your disability.

To bring a case against your employer you first must file a complaint with the Equal Employment Opportunity Commission (EEOC). They will choose to sue the employer or not. If they decide not to sue, you as the employee are entitled to sue.

Answer 8

You have a disability.

File a complaint with your local labor board, call the news stations, civil rights office...etc.

go to http://www.workrights.org/index.html and read about the new genetic discrimination law

Answer 9

They don't owe you a job.  If you can't do it then find a new job.