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100 % medical release
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<blockquote data-quote="happybob" data-source="post: 81546" data-attributes="member: 4724"><p>Have you done your research yet? Pacinich v UPS. A level 18 manager had to file suit against the company after they discharged him because of his disibility. Company claimed they had no work for him to fit his permanent disibility. Lifting restrictions, climbing restrictions, bending, and on and on. The manager took a beating on his body over the years and when he was all used up he got tossed aside. Yes, he did win his suit, only problem was that he didn't win reinstatement. Was awarded back pay and benefits. It came to light that he was tapeing conversations and the management and supervisors said they could never trust working with him again. The judge did find that the company violated his ADA rights.</p><p> </p><p>The consent decree the company had to sign in Arizona was another ADA violation that came to light.</p><p> </p><p>I did notice the posting of the Murphy v UPS case. Something that I never saw in that decision was if Murphy asked to be transfered to another job. </p><p> </p><p>Many of the injured workers at UPS are not aware that the company is required to transfer disabled employees that can not perform their original jobs. If there are other jobs in the company that their disabled employees can perform, and an opening exists, they are supposed to accommodate them with a transfer. The policy of a 100% medical release is true. If you can't go back to your original job the company will not move you, unless you file charges with the EEOC. and even then they will drag it out in the courts, with the hope of making their disabled employees to take workers comp buyouts instead of fighting to transfer. I hope this changes soon. This multi billion dollar corporation can well afford to treat their disabled workers with dignity and not disdain.</p></blockquote><p></p>
[QUOTE="happybob, post: 81546, member: 4724"] Have you done your research yet? Pacinich v UPS. A level 18 manager had to file suit against the company after they discharged him because of his disibility. Company claimed they had no work for him to fit his permanent disibility. Lifting restrictions, climbing restrictions, bending, and on and on. The manager took a beating on his body over the years and when he was all used up he got tossed aside. Yes, he did win his suit, only problem was that he didn't win reinstatement. Was awarded back pay and benefits. It came to light that he was tapeing conversations and the management and supervisors said they could never trust working with him again. The judge did find that the company violated his ADA rights. The consent decree the company had to sign in Arizona was another ADA violation that came to light. I did notice the posting of the Murphy v UPS case. Something that I never saw in that decision was if Murphy asked to be transfered to another job. Many of the injured workers at UPS are not aware that the company is required to transfer disabled employees that can not perform their original jobs. If there are other jobs in the company that their disabled employees can perform, and an opening exists, they are supposed to accommodate them with a transfer. The policy of a 100% medical release is true. If you can't go back to your original job the company will not move you, unless you file charges with the EEOC. and even then they will drag it out in the courts, with the hope of making their disabled employees to take workers comp buyouts instead of fighting to transfer. I hope this changes soon. This multi billion dollar corporation can well afford to treat their disabled workers with dignity and not disdain. [/QUOTE]
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