Phillipsburg, NJ asked in Employment Law, Workers' Compensation and Employment Discrimination for Pennsylvania

Q: My husband's employment agency is playing games with his continued employment at Amazon, what can we do?

My husband was hired through integrity staffing solutions (herein referred to as ISS) to work for Amazon in Easton PA. He was nearly terminated after an on the job injury, and then forced to leave early due to an asthma attack. He was told at the beginning of his employment that he could bring his nebulizer to work and leave it in the Amcare office. Therefore they were well aware of his asthma. The last day he worked, they sent him home early with a request to get a certificate of fitness from his Dr. We had the paperwork filled out within the 10 day time frame, and we have been waiting for 3 weeks for my husband to go back to work, all the while getting different stories from ISS every time we contact the employment agency. We've been told he is terminated, then he is not terminated, but ISS is waiting for Amazon to call them regarding his continued employment, ISS is waiting for their HQ in Delaware to contact them, etc plus he was put on a do not contact w/o his knowledge.

2 Lawyer Answers
Andrew S. Abramson
Andrew S. Abramson
PREMIUM
Answered
  • Employment Law Lawyer
  • Blue Bell, PA
  • Licensed in Pennsylvania

A: The facts that you detail could support a claim under the Americans with Disabilities Act and the Pennsylvania Human Relatins Act depending on how the situation plays out. Feel free to contact our office to provide further details for assessment.

Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: In regard to the work injury, I have had issues with Integrity Staffing in the past where they have obtained a full duty release from a work injury and then stopped providing work. The injured worker does not want to lose their job so they request that the doctor release them full duty even if they are not yet ready to return to work. What Integrity does not tell the injured worker is that so long as they are under work restrictions for an acknowledged work injury, they enjoy a rebuttable presumption that any loss of earnings due to the unavailability of work is as a direct result of the work injury. Once the injured worker is released full duty they no longer enjoy this presumption.

If the above sound similar to your husbands situation, I would strongly suggest that you contact a workers' compensation attorney immediately.

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