My SO worked for five years as a CNA before she was injured (fractured collarbone and herniated (sp) vertebrae) on the job. After many months of examinations(MRI’s, spinal taps, steroids etc) it was determined that she could no longer perform the physical duties within her skill set.
During the six months she was receiving workers comp, she attended courses in office administration and computer related applications (MS Word, Excel, Lotus Notes etc) in an attempt to re-enter the work force with the skills for a less physically demanding position.
She was offered a starting position as a ward clerk in a local nursing home. During her interview she informed HR that she had an existing physical condition that prevented her from performing any serious lifting, repetitive motions etc. She was told that these limitations would not prevent her from performing the clerk position and she was hired.
Six months into the job her supervisors have her, among other things, carting in supplies from the loading dock. It wasn’t too long before she was again in constant pain. When she complained to management, they terminated her.
She wants to retain a lawyer and file a lawsuit. She (and I) feel that they have broken the law (what that law might be I have no idea) by expanding her job duties outside of her physical limitations. Especially when she was up front about it.
Do we have a case?